Seethal Thampi vs The Authorized Officer
2023 Latest Caselaw 3949 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                        WP(C) NO. 11306 OF 2023
PETITIONER:

             SEETHAL THAMPI
             AGED 29 YEARS, W/O DILEEP,
             SREEPADMAM, MADURAPPA, THADICADU P.O.,
             KOLLAM DISTRICT, PIN - 691 306.

             BY ADVS.
                        MANOJ RAMASWAMY
                        JOLIMA GEORGE
                        JISHA SASI
                        C.B.SABEELA
                        APARNA G.
                        CHINNU ROSE MARY THOMAS



RESPONDENTS:

       1     THE AUTHORIZED OFFICER
             KERALA STATE CO-OPERATIVE BANK LTD.,
             KOLLAM BRANCH, VADDY- CIVIL STATION ROAD,
             OPPOSITE COLLECTORATE, KAANKATHU MUKKU,
             KOLLAM DISTRICT, PIN - 691 013.

       2     THE BRANCH MANAGER
             KERALA STATE CO-OPERATIVE BANK LTD.,
             ANCHAL MAIN BRANCH,
             KOLLAM DISTRICT, PIN - 691 306.

             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:
 W.P.(C)No.11306/2023                   2




                              JUDGMENT

Petitioner has approached this Court challenging

proceedings initiated under the Kerala Co-operative

Societies Act, 1969, for recovery of amounts due under a

mortgage loan availed from the respondent bank.

2. During the course of hearing, the petitioner has

confined the relief to an opportunity of repaying the overdue

amount in instalments and to obtain regularisation of the

loan account.

3. The counsel for the respondent Bank submits that

there is no objection in permitting the petitioner to clear the

overdue amount in some limited instalments. It is submits

that the overdue amount as on date is Rs.3,62,451/-.

4. I have heard the learned counsel for the petitioner

as well as the learned Standing Counsel for the respondent

Bank.

5. Having regard to the circumstances of the case

and the situation now prevailing, apart from the submissions

made as recorded above, I am of the view that the petitioner

can be granted an opportunity to clear off the overdue

amount in ten (10) equal monthly instalments first of which

shall be paid on or before 17-04-2023 and thereafter, if the

amount so directed is repaid within the time as directed

above, to have the loan account regularised.

6. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire overdue

amount of Rs.3,62,451/- along with bank charges from the

petitioner and regularise the loan account of the petitioner

on the following conditions:

(i) The overdue amount of Rs.3,62,451/- together

with any accrued interest and charges shall be

repaid in ten (10) equated monthly instalments.

(ii) The first instalment shall be paid on or before

17-04-2023 and the subsequent instalments shall

be paid on or before the 17th day of every

succeeding month.

(iii) Petitioner shall continue to pay the regular EMI's

along with the instalments as directed above.

(iv) In the event of default of any one instalment, the

respondent bank shall be entitled to proceed in

accordance with law.

(v) In order to enable the petitioner to repay the

entire amounts, all coercive proceedings shall be

kept in abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 11306/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 10.03.2023

Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE BANK DATED 20.03.2023