Raseena T.K vs Idbi Bank Ltd
2023 Latest Caselaw 4167 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                       WP(C) NO. 11705 OF 2023


PETITIONER:

          RASEENA T.K
          AGED 44 YEARS
          W/O LATE MUHAMMED BASHEER,
          RESIDING AT THAAZHEKKANDY,
          PADINHARATHARA, PADINHARATHARA P.O.,
          WAYANAD DISTRICT, PIN - 673575

          BY ADVS.
          NIRMAL V NAIR
          M.ANEESH
          ARATHI PRABHAKARAN
          ENCIL K. SABU



RESPONDENTS:

    1     IDBI BANK LTD
          REGIONAL OFFICE, PANAMPILLY NAGAR,
          PANAMPILLY NAGAR P.O., ERNAKULAM, PIN - 682036
          REPRESENTED BY ITS AUTHORISED OFFICER AND DEPUTY
          GENERAL MANAGER, RETAIL RECOVERY

    2     SRI. RATHNASANKAR
          RECOVERY OFFICER, IDBI BANK LTD,
          KOZHIKODE, YMCA CROSS ROAD,
          VELLAYIL, KOZHIKODE P.O.,
          KOZHIKODE, PIN - 673001

          BY ADV C.AJITH KUMAR




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11705 OF 2023
                                    2



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No.11705 of 2023
                --------------------------------------------
                 Dated this the 31st day of March, 2023

                              JUDGMENT

The petitioner has approached this Court seeking permission to

pay off the amounts due to the respondent Bank in easy instalments.

The counsel for the respondents on instructions submits that an

amount of ₹61,79,240/- is due to them.

In the above circumstances, this writ petition is disposed of

permitting the petitioner to pay off the amounts due along with

accrued interest and cost in 12 equal monthly instalments, the 1 st

instalment falling due on or before 29.04.2023 and the subsequent

instalments falling due on or before 29 th of the succeeding months.

If the petitioner makes a single default in payment of instalments,

the respondents are at liberty to proceed with the recovery. Steps

for recovery shall be kept in abeyance to facilitate the payment of

instalments. The petitioner may approach the Bank for getting any

further reliefs. Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 11705 OF 2023

APPENDIX OF WP(C) 11705/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE DEATH CERTIFICATE DATED 6-7-2019 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, PANDINHARATHARA GRAMA PANCHAYAT

Exhibit P2 A TRUE COPY OF THE POSSESSION NOTICE DATED 7-3-2022 ISSUED WITH RESPECT OF LOAN NO. 1490651100001649

Exhibit P3 A TRUE COPY OF THE POSSESSION NOTICE DATED 7-3-2022 ISSUED WITH RESPECT OF LOAN NO. 1490651100001656

Exhibit P4 A TRUE COPY OF THE STATEMENT OF ACCOUNT NO. 1490651100001649

Exhibit P5 A TRUE COPY OF THE STATEMENT OF ACCOUNT NO. 1490651100001656

Exhibit P6 A TRUE COPY OF NOTICE DATED 22-3-2023 ISSUED BY THE ADVOCATE COMMISSIONER