Sheela.P.B vs The Kerala State Co-Operative ...
2023 Latest Caselaw 3871 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR. JUSTICE T.R.RAVI
         THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                           WP(C) NO. 10804 OF 2023
PETITIONERS:

     1      SHEELA.P.B,
            AGED 59 YEARS
            W/O VENUGOPALAN, THOZHIYOOR HOUSE,
            THOZHIYOOR P .O, POOKKODU VILLAGE,
            CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680520
     2      VENU GOPALAN,
            AGED 67 YEARS
            S/O KUNJAPPU, THOZHIYOOR HOUSE,
            THOZHIYOOR P O, POOKKODU VILLAGE,
            CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680520
            BY ADVS.
            TISSY ROSE K CHERIYAN
            CLETUS THOTTAPILLY

RESPONDENTS:

     1      THE KERALA STATE CO-OPERATIVE BANK
            (OLD NAME IS THRISSUR DISTRICT CO,- OPERATIVE BANK)
            LTD NO. 60, GURUVAYOOR BRANCH. SAHAKARANA SADHABHI
            MANDHIRAM, KOVILAKATHUMPADAM, THIRUVAMBADY,
            THRISSUR DISTRICT, PIN - 680022
            REPRESENTED BY ITS GENERAL MANAGER
     2      THE AUTHORIZED OFFICER,
            THE KERALA STATE CO-OPERATIVE BANK,
            (OLD NAME IS THRISSUR DISTRICT CO,-OPERATIVE BANK)
            LTD NO. 60, GURUVAYOOR BRANCH, SAHAKARANA SADHABHI
            MANDHIRAM, KOVILAKATHUMPADAM, THIRUVAMBADY,
            THRISSUR DISTRICT, PIN - 680022
            BY ADV P.C.SASIDHARAN

     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.10804 of 2023
                                        2




                          T.R. RAVI, J.
               ------------------------------------
                 W.P.(C.) No.10804 of 2023
               ------------------------------------
             Dated this the 30th day of March, 2023

                            JUDGMENT

The petitioners have approached this Court

seeking permission to pay off the liabilities to the

respondent bank in easy instalments.

2. The Standing Counsel on instructions submits

that the overdue amount is Rs.13,89,061/-.

In the above circumstances, the writ petition is

disposed of with the following directions:-

i) The petitioner shall pay the overdue amount of

Rs.13,89,061/- in fifteen equal monthly

instalments, the first instalment becoming

payable on or before 30.04.2023 and the

subsequent instalments payable on or before

the 30th day of the succeeding months. If the

petitioners pay the entire instalments as WPC No.10804 of 2023

directed above, the respondent shall regularise

the loan account;

ii) The petitioners shall continue to pay the regular

instalments along with the instalments as

directed above;

iii) If the petitioners make two defaults in the

payment of the instalments as directed

above, the respondent bank will be at liberty

to continue with the proceedings for

recovery;

iv) Coercive steps for recovery shall be kept in

abeyance for facilitating the payments by

instalments as directed above.

Sd/-

T.R.RAVI JUDGE SKP/30-03 WPC No.10804 of 2023

APPENDIX OF WP(C) 10804/2023

PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE LOAN ACCOUNT PASSBOOK OF THE 1ST PETITIONER EXHIBIT P2 TRUE COPY OF THE PAYMENT RECEIPT DATED 06.04.2022 EXHIBIT P3 TRUE COPY OF THE PAYMENT RECEIPT DATED 12.07.2022 EXHIBIT P4 TRUE COPY OF THE PAYMENT RECEIPT DATED 31.12.2022 EXHIBIT P5 A TRUE COPY OF THE PETITION IN ARC 2081 /2022 DATED 23.09.2021 BEFORE JOINT REGISTRAR THRISSUR EXHIBIT P6 TRUE COPY OF THE NOTICE IN ARC 2081 /2022 DATED 13.1.2023 ISSUED BY THE JOINT REGISTRAR THRISSUR EXHIBIT P7 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONERS BY THE ADVOCATE COMMISSIONER MARSHAL CHUNGATH DATED 14.3.2023 RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE