Devika V.S vs The Mayyanad Regional ...
2023 Latest Caselaw 4210 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                        WP(C) NO. 11345 OF 2023
PETITIONER/S:

          DEVIKA V.S
          AGED 28 YEARS
          D/O. VIJAYAKUMAR, SREELEKSHMI, SANTHI NAGAR,
          KILLIKOLLOOR P.O, KOLLAM, PIN - 691004
          BY ADVS.
          SHAKTHI PRAKASH
          HARIKRISHNAN M.S.


RESPONDENT/S:

          THE MAYYANAD REGIONAL CO-OPERATIVE BANK LTD., NO.94,
          REPRESENTED BY ITS MANAGER, MAIN BRANCH,
          MAYYANAD PO, PIN - 691303
          BY ADV A.JANI(KOLLAM)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC NO.11345 of 2023

                                        2




                             JUDGMENT

The petitioner faces recovery proceedings for the

recovery of amounts due from the petitioner under a chitty

transaction with the respondent bank.

2. The learned counsel for the petitioner

submits that the petitioner only seeks the indulgence of this

Court for paying the amount due to the respondent bank in

some instalments.

3. The learned counsel appearing for the

respondent bank submits that the amount due as on today is

Rs.5,40,552/- (Rupees Five lakh Forty Thousand Five

Hundred and Fifty Two only) and some limited instalments

can be granted to the petitioner to repay the amount.

In the result, the writ petition is disposed of with

the following conditions:

i) The petitioner is permitted to pay a sum of

Rs.5,40,552/- (Rupees Five lakh Forty Thousand Five WPC NO.11345 of 2023

Hundred and Fifty Two only) in ten (10) equated monthly

instalments.

ii) The petitioner shall also pay any additional

interest that may be demanded by the respondent bank on

account of the delay in repayment.

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

17.04.2023 and subsequent instalments shall be paid on or

before the 17th day of every succeeding months.

(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 rkj WPC NO.11345 of 2023

APPENDIX OF WP(C) 11345/2023

PETITIONER EXHIBITS Exhibit P1 COPY OF THE REPRESENTATION DATED 23.03.2023 SUBMITTED BEFORE THE RESPONDENT