Kerala High Court
Soman A C vs The Kerala State Co-Operative ... on 30 March, 2023
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. 11267 OF 2023
PETITIONER:
SOMAN A C,
AGED 53 YEARS,
S/O CHOTHI, ANAKKALLUNGAL HOUSE, THRIKALATHOOR P.O.,
VALAYANCHIRANGARA, ERNAKULAM, PIN - 683 541.
BY ADVS.
ALEXANDER GEORGE
SOUMYA FRANCIS
RESPONDENTS:
1 THE KERALA STATE CO-OPERATIVE BANK LTD (KERALA BANK),
REPRESENTED BY ITS SECRETARY, VALAYANCHIRANGARA BRANCH,
VALAYANCHIRANGARA P.O,PIN - 683 556.
2 THE MANAGER,
THE KERALA STATE CO-OPERATIVE BANK LTD (KERALA BANK),
VALAYANCHIRANGARA BRANCH, VALAYANCHIRANGARA P.O,,
PIN - 683 556.
SRI N REGHURAJ. SC
SMT SHEEJA C S, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11267 OF 2023
2
JUDGMENT
The petitioner availed a housing loan from the 1 st respondent
Bank. On default being committed, proceedings are contemplated
under the provisions of the Revenue Recovery Act to recover the
amounts due from the petitioner prompting the petitioner to approach
this Court with the above writ petition.
2. During the course of hearing, petitioner has confined the
relief to an opportunity for repaying the overdue amount in
instalments and to obtain regularisation of the loan account.
3. Adv.N.Reghuraj, the learned counsel for the respondent Bank
submits that the petitioner committed default in repayment and the
overdue amount as on today is Rs.2,25,323/-(Rupees two lakhs twenty
five thousand three hundred and twenty three only). It was further
submitted that as a matter of indulgence, the respondent bank is
willing to accept repayment of the overdue amount in limited
instalments and regularise the loan account.
4. I have heard the learned counsel for the petitioner as well as
the learned counsel for the respondents.
5. Having regard to the circumstances of the case and the
WP(C) NO. 11267 OF 2023
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 repay the overdue amount in 15 instalments 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.2,25,323/-
(Rupees two lakhs twenty five thousand three hundred and twenty
three only) along with any accrued interest, costs and charges from the
petitioner and regularise the loan account of the petitioner on the
following conditions:
i. The overdue amount of Rs.2,25,323/-(Rupees two lakhs twenty
five thousand three hundred and twenty three only) along with
any accrued interest, costs and charges shall be repaid in 15
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 17 th day
of every succeeding month.
iii. Petitioner shall continue to pay the regular EMI's along with the
instalments 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.
WP(C) NO. 11267 OF 2023
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 11267 OF 2023
APPENDIX OF WP(C) 11267/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF
THE LOAN PASS BOOK ISSUED BY THE FIRST
RESPONDENT
Exhibit P2 THE TRUE COPY OF THE RELAVENT PAGES OF
THE PASSBOOK OF THE RESPONDENT BANK
Exhibit P3 THE TRUE COPY OF THE DEMAND NOTICE DATED
30.01.2023 ISSUED BY THE SECOND
RESPONDENT
