Sasidharan Pillai vs Special Sale Officer
2023 Latest Caselaw 4222 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. 11736 OF 2023
PETITIONERS:

    1     SASIDHARAN PILLAI
          AGED 62 YEARS
          S/O MURALEEDHARAN PILLAI,
          SUMA MANDIRAM, KOTTATHALA,
          MYLOM VILLAGE, KOTTARAKARA,
          KOLLAM DISTRICT, PIN - 691507
    2     SWARNAKUMARYAMMA
          AGED 61 YEARS
          W/O SASIDHARAN PILLAI,
          SUMA MANDIRAM, KOTTATHALA,
          MYLOM VILLAGE, KOTTARAKARA,
          KOLLAM DISTRICT, PIN - 691507
          BY ADV MOHANAN M.K.


RESPONDENTS:

    1     SPECIAL SALE OFFICER
          CO-OPERATIVE URBAN BANK LTD NO. 1909,
          KOTTARAKARA, KOLLAM DISTRICT, PIN - 691506
    2     THE BRANCH MANAGER
          CO-OPERATIVE URBAN BANK LTD NO. 1909,
          KOTTARAKARA, KOLLAM DISTRICT, PIN - 691506
          BY ADV SMT.SWAPNA VIJAYAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC NO.11736 of 2023

                                     2

                               JUDGMENT

The petitioners availed a home loan from the

respondent bank. On default being committed,

proceedings were initiated against the petitioners under

the provisions of the Kerala Co-operative Societies Act,

1969, and an award was obtained determining the

amounts due from the petitioners. The award was put to

execution, prompting the petitioners to approach this

Court by filing the above writ petition.

2. The learned counsel appearing for the

petitioners would submit that the petitioners may be

permitted to pay the overdue amount and regularize the

loan account.

3. The learned counsel appearing for the

respondent bank submits that the overdue amount as on

today is Rs.1,85,312/- (Rupees One lakh Eighty Five

Thousand Three Hundred and Twelve only) and the

petitioners can be permitted to clear the liability in some

limited instalments.

WPC NO.11736 of 2023

In the result, the writ petition is disposed of

with the following conditions:

(i) The overdue amount of Rs.1,85,312/-

(Rupees One lakh Eighty Five Thousand Three Hundred

and Twelve only) together with any accrued interest and

charges shall be repaid in ten (10) equated monthly

instalments.

(ii) 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.

(iii) Petitioners shall continue to pay the

regular EMI's along with the instalments as directed

above.

(iv) In the event of default of any one

instalment, the respondent bank shall be entitled to

enforce the present award, in accordance with the law.

(v) In order to enable the petitioners to repay

the entire amounts, all coercive proceedings shall be

kept in abeyance.

WPC NO.11736 of 2023

(vi) If any further default is committed, the

Bank will be entitled to initiate fresh proceedings, in

accordance with the law.

The writ petition is disposed of as above.

Sd/-

GOPINATH P., JUDGE rkj WPC NO.11736 of 2023

APPENDIX OF WP(C) 11736/2023

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE AUCTION NOTICE VIDE E.A. NOTICE NO. 117/21 DATED 13.02.2023 ISSUED BY THE 1ST RESPONDENT