Sumy Ramesh vs People’S Urban Co Operative ...
2023 Latest Caselaw 4188 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. 11547 OF 2023
PETITIONER:

          SUMY RAMESH
          AGED 37 YEARS
          W/O RAMESHAN.C.R, CHERUMACHIRAYIOL HOUSE,THURUTHIKKARA,
          PERUMPILLY PO, PIN 682314 MULANTHURUTHY VILLAGE,
          KANAYANNUR TALUK, ERNAKULAM DISTRICT

          BY ADV NISHIN GEORGE VIJAYABABU



RESPONDENT:

          PEOPLE'S URBAN CO OPERATIVE BANK LTD. NO 51
          HO, MAIN ROAD, EAST FORT GATE, THRIPUNITHURA MAIN ROAD,
          SH15, THRIPUNITHURA, KOCHI, KERALA 682301, REPRESENTED
          BY ITS AUTORIZED OFFICER

          BY ADV DEVAPRASANTH P.J




     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. 11547 OF 2023              2




                             T.R. RAVI, J.
              --------------------------------------------
                      W.P.(C).No.11547 of 2023
               --------------------------------------------
                Dated this the 31st day of March, 2023


                               JUDGMENT

The prayer in the writ petition is to permit the petitioner to pay

off the overdue amounts in the loan account availed from the

respondent in easy instalments and to regularise the loan account.

The Standing Counsel on instructions submits that the overdue

amount is Rs.3,97,394/-.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.3,97,394/- in 6 equal monthly instalments, the first instalment

falling due on or before 12.04.2023 and the subsequent instalments

falling due on or before the 12 th of the succeeding months. The

petitioner shall also pay the regular monthly instalments along with

the instalments towards the overdue amount as stated above. If the

petitioner pays the entire overdue amount, the respondent shall

regularise the loan account. If the petitioner makes a single default in

the payment of instalments, the respondent will be at liberty to

continue with coercive steps for recovery. The coercive steps initiated

shall be kept in abeyance to facilitate the payment of instalments as

directed above. On payment of the entire amounts the Bank shall put

back the petitioner in possession of the document.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 11547/2023

PETITIONER EXHIBITS

Exhibit-P1 COPY OF THE LOAN AGREEMENT DATED 29-6-2016 BETWEEN THE PETITIONER, HER HUSBAND AND THE RESPONDENT

Exhibit-P2 COPY OF THE DEMAND NOTICE DATED 21-11-2017 ISSUED BY THE RESPONDENT TO THE HUSBAND OF THE PETITIONER CALLING UPON HIM TO PAY A SUM OF RS 185577 WITH INTEREST AND COST FROM 16.11.2017

Exhibit-P3 COPY OF SALE NOTICE DATED 20-2-2021 ISSUED BY THE RESPONDENT TO THE HUSBAND OF THE PETITIONER CALLING UPON HIM TO PAY A SUM OF RS 300855 WITH INTEREST AND COST FROM 10-2-2021

Exhibit-P4 COPY OF THE MC NO OF 365/2021 WITH AFFIDAVIT DATED 4-2-2021 FILED BY THE RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE'S COURT ERNAKULAM U/S 14 SARFAESI ACT AS AGAINST THE HUSBAND OF THE PETITIONER

Exhibit P5 COPY OF ADVOCATE COMMISSIONER'S NOTICE DATED 30-8-2022 IN MC NO OF 365/2021 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER

Exhibit-P6 COPY OF RECEIPT DATED 28-9-2022 EVIDENCING PAYMENT OF RS 20,000/-.

Exhibit-P7 COPY OF RECEIPT DATED 7-11-2022 EVIDENCING PAYMENT OF RS 20,000/-

Exhibit-P8 COPY OF ADVOCATE COMMISSIONER'S NOTICE DATED 10-11-2022 IN MC NO OF 365/2021 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER