Usha vs Chalakudy Taluk Primary ...
2023 Latest Caselaw 4016 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. 8228 OF 2023
PETITIONER:

                  USHA
                  AGED 59 YEARS
                  W/O SIVARAJAN,PARAKKATHAI
                  HOUSE,P.O.KUNNAPPILLY,THRISSUR ,DISTRICT, PIN - 680311

                  BY ADVS.
                  K.S.RAJESH
                  M.SHAJU PURUSHOTHAMAN



RESPONDENTS:

       1          CHALAKUDY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL &
                  RURAL DEVELOPMENT BANK LTD.R.1452
                  CHALAKUDY BRANCH, REPRESENTED BY ITS SECRETARY,
                  TRISSUR., PIN - 680307

       2          THE SPECIAL SALE OFFICER
                  CHALAKUDY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL &
                  RURAL DEVELOPMENT BANK LTD.R.1452, HEAD OFFICE,
                  CHALAKKUDY, PIN - 680307

       3          THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
                  CIVIL STATION,AYYANTHOLE,THRISSUR, PIN - 680003

                  BY ADV P.C SASIDHARAN



OTHER PRESENT:

                  SRI PC SASIDHARAN SC


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.8228/2023                       2

                                JUDGMENT

The petitioner availed two separate mortgage loans from the

respondent Bank. On default being committed, proceedings have been

initiated under the provisions of the Kerala State Co-operative

Agricultural and Rural Development Banks Act, 1984 (hereinafter referred

to as 'the CARD Act).

2. The learned counsel appearing for the petitioner would submit

that the petitioner may be permitted to clear the liability in some

instalments.

3. The learned counsel for the respondent bank submits that the

term of one of the loans has already expired and the outstanding amount

as on 13.3.2023 in respect of that loan is Rs.2,68,924/-. In respect of the

second loan, the term has not expired and the overdue amount as on

13.3.2023 is Rs.2,53,611/-. He submits that some installments can be

granted to the petitioner to clear the entire liability.

Having heard the learned counsel appearing for the petitioner and

the learned counsel appearing for the respondent bank, this writ petition

is disposed of in the following manner;

(i) The petitioner is permitted to clear the outstanding amount

of Rs.2,68,924/- in respect of the first loan together with any

accrued interest and costs in 18 equal monthly installments;

(ii) The petitioner shall also pay the overdue amount of

Rs.2,53,611/-in respect of the second loan together with any

accrued interest and costs in 18 equal monthly installments.

The petitioner shall also pay the regular EMIs on the

aforesaid loan without default on the due dates;

(iii) The first instalment of both loan shall be paid on or before

10-04-2023 and the subsequent instalments shall be paid on

or before 10th day of every succeeding month.

(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 acd

APPENDIX OF WP(C) 8228/2023

PETITIONER EXHIBITS

Exhibit1 A TRUE COPY OF THE RELEVANT PAGES OF THE LOAN PASSBOOK ISSUED BY THE RESPONDENT IN THE NAME OF PETITIONER'S HUSBAND

Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE DATED 08.2.2023 ISSUED BY THE 1STRESPONDENT TO THE PETITIONER