Harilal K.B vs The Kerala State Co-Operative ...
2023 Latest Caselaw 4233 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. 11263 OF 2023
PETITIONERS:
    1     HARILAL K.B
          AGED 50 YEARS
          S/O BHASKARAN PILLAI, K.B MANTHIRAM, CHETHADI,
          CHENGAMANAD P.O, KOLLAM DISTRICT, PIN - 691 557.

    2     SATHIDEVI.C
          AGED 72 YEARS
          W/O BHASKARAN PILLAI, K.B MANTHIRAM, CHETHADI,
          CHENGAMANAD P.O, KOLLAM DISTRICT, PIN - 691 557.

          BY ADVS.
               NIRMAL V NAIR
               ANEES.T
               ARATHI PRABHAKARAN
               ENCIL K. SABU

RESPONDENTS:
    1     THE KERALA STATE CO-OPERATIVE BANK LTD (KERALA
          BANK), PUNALUR BRANCH
          PUNALUR BRANCH, POWER HOUSE JUNCTION, PUNALUR,
          PUNALUR P.O., KOLLAM, REPRESENTED BY ITS AUTHORISED
          OFFICER, PIN - 691 305.

    2     THE KERALA STATE CO-OPERATIVE BANK LTD (KERALA
          BANK), KIZHAKETHERUVU BRANCH
          KIZHAKKETHERUVU P.O, KOTTARAKKARA, KOLLAM
          REPRESENTED BY ITS BRANCH MANAGER, PIN - 691 531.


OTHER PRESENT:
          SRI. P. C. SASIDHARAN, SC.


    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.11263 of 2023                  2

                                 T.R RAVI, J
                     ---------------------------------------
                         WP(C) No. 11263 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.

2. The counsel for the respondent on instructions submits

that the overdue amount comes to ₹6,24,087/-. The petitioner

requests that he may be allowed to pay off the amount in

instalments.

In the above circumstances, this writ petition is disposed of

directing the petitioner to pay off the amounts overdue in 15 equal

monthly instalments, the 1st instalment falling due on or before

29.04.2023 and the subsequent instalments falling due on or before

the 29th of the succeeding months. The petitioner shall also pay the

regular monthly instalments along with the instalments towards the

overdue amounts. If the petitioner makes a single default in payment

of instalments, the respondent is at liberty to proceed with coercive

steps for recovery. The coercive steps for recovery initiated shall be

kept in abeyance to facilitate the payment of instalment.

Sd/-

T.R RAVI AMR JUDGE

APPENDIX OF WP(C) 11263/2023

PETITIONERS' EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTICE NO. 206 DATED 05-11-2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 A TRUE COPY OF THE POSSESSION NOTICE DATED 18-03-2023 UNDER SECTION 13(4) OF THE SARFAESI ACT ISSUED BY THE 1ST RESPONDENT.