V.P. Joy vs The Authorized Officer
2023 Latest Caselaw 4009 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. 10480 OF 2023
PETITIONERS:

     1      V.P. JOY
            SON OF PAULOSE
            AGED 54 YEARS
            VAZHAPPILLY HOUSE, KINFRA POST,
            CHALAKKUDY,, PIN - 680309
     2      SHINY JOY
            W/O.V.P.JOY
            AGED 49 YEARS
            VAZHAPPILLY HOUSE, KINFRA POST,
            CHALAKKUDY, PIN - 680309
            BY ADVS.
            NINAN JOHN
            SANJANA SARA VARGHESE ANNIE
            AJAY KRISHNAN S.
            ARYA A.R.

RESPONDENTS:

     1      THE AUTHORIZED OFFICER
            FEDERAL BANK LTD., LOAN COLLECTION AND RECOVERY DEPARTMENT/
            THRISSUR DIVISION, 1ST FLOOR, FEDERAL TOWERS,
            T.B. ROAD, S.T. NAGAR, THRISSUR,, PIN - 680001
     2      THE FEDERAL BANK LTD., KORATTY BRANCH
            DHANYA COMPLEX, OPP. M. A. M. HIGH SCHOOL,
            KORATTY P.O., THRISSUR DISTRICT, PIN - 680308
            REPRESENTED BY THE OFFICER IN CHARGE
     3      THE FEDERAL BANK LTD., CHALAKUDY BRANCH
            XX/964 F, GROUND FLOOR, KATTUKKARAN ARCADE,
            KSRTC ROAD, SOUTH JUNCTION, CHALAKUDY,
            THRISSUR DISTRICT, KERALA, PIN - 680307
            REPRESENTED BY THE OFFICER IN CHARGE
            BY ADVS.
            P.PAULOCHAN ANTONY P
            G.AJITH KUMAR(K/117/1981)
            SREEJITH K.(K/380/2005)

     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.10480 of 2023
                                   2




                          T.R. RAVI, J.
               ------------------------------------
                 W.P.(C.) No.10480 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 for the respondent bank

on instructions submits that the overdue amount will

come to more than Rs.2.97 crores.

In the above circumstances, the writ petition is

disposed of with the following directions:-

i) The petitioners shall pay the overdue amount of

Rs.2.97 crores (approximately) in six 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 WPC No.10480 of 2023

the petitioners pay the entire instalments as

directed above, the respondent bank 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.10480 of 2023

APPENDIX OF WP(C) 10480/2023

PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE LEASE DEED BEARING NO.

728/2016 OF SUB REGISTRY, CHALAKKUDY EXHIBIT P2 THE TRUE COPY OF THE RENT CONTROL PETITION IN RCP 10/2022 ON THE FILE OF THE RENT CONTROL COURT, CHALAKKUDY EXHIBIT P3 THE TRUE COPY OF THE I.A. NO. 1/2023 IN RCP 10/2022 ON THE FILE OF RENT CONTROL COURT, CHALAKKUDY EXHIBIT P4 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE TENANT/ RESPONDENT IN R.C. P. NO. 10/2022 BEFORE THE RENT CONTROL COURT, CHALAKUDY DATED 24.02.2023 EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 04.05.2021 ISSUED BY THE 1ST RESPONDENT BANK TO THE PETITIONERS EXHIBIT P6 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 13.03.2023 RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE