Shaju vs Kerala State Cooperative Bank
2023 Latest Caselaw 4214 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. 10889 OF 2023
PETITIONERS:

     1       SHAJU
             AGED 43 YEARS
             S/O MADHAVAN, MURINGANEDATHU HOUSE, KODAKARA,
             PULLIPARAKUNNU, THRISSUR DISTRICT, PIN - 680684.
     2       BAIJU
             AGED 41 YEARS
             S/O MADHAVAN, MURINGANEDATHU HOUSE, KODAKARA,
             PULLIPARAKUNNU, THRISSUR DISTRICT, PIN - 680684.
     3       BIJU
             AGED 39 YEARS
             S/O MADHAVAN, MURINGANEDATHU HOUSE, KODAKARA,
             PULLIPARAKUNNU, THRISSUR DISTRICT, PIN - 680684.

             BY ADVS.
             JITHIN BABU A
             ARUN SAMUEL


RESPONDENTS:

     1       KERALA STATE COOPERATIVE BANK,
             REPRESENTED BY ITS AUTHORIZED OFFICER, REGIONAL OFFICE,
             KOVILAKATHUPADAM, THIRUVAMBADI P O, THRISSUR,
             PIN - 680022.
     2       BRANCH MANAGER
             KERALA STATE COOPERATIVE BANK, KODAKARA BRANCH,
             THRISSUR, PIN - 680684.

             BY ADV P.C.SASIDHARAN


     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. 10889 OF 2023

                                       2

                                 T.R. RAVI, J.
                 --------------------------------------------
                       W.P.(C) No.10889 of 2023
                     --------------------------------------------
                Dated this the 31st day of March, 2023

                                JUDGMENT

The prayer in the writ petition is to permit the petitioners

to pay off the overdue amounts in the loan account availed from

the respondents in easy instalments and to regularise the loan

account. The Standing Counsel for the respondents on

instructions submits that the overdue amount is Rs.8,63,449/-.

In the above circumstances, the writ petition is disposed of

directing the petitioners to pay off the overdue amount of

Rs.8,63,449/- in 15 equal monthly instalments, the first

instalment falling due on or before 30.04.2023 and the

subsequent instalments falling due on or before the 30 th of the

succeeding months. The petitioners shall also pay the regular

monthly instalments along with the instalments towards the

overdue amount as stated above. If the petitioners pay the entire

overdue amount, the respondents shall regularise the loan WP(C) NO. 10889 OF 2023

account. If the petitioners make two defaults in the payment of

instalments, the respondents 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.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 10889 OF 2023

APPENDIX OF WP(C) 10889/2023

PETITIONERS' EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER/APPLICANT DATED 10/02/2023. Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER/APPLICANT DATED 15/02/2023.