M/S Guruprabha Women Self Help ... vs Union Bank Of India
2023 Latest Caselaw 10644 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                   WP(C) NO. 34008 OF 2023
PETITIONER:

          M/S GURUPRABHA WOMEN SELF HELP GROUP (WSHG),
          REG. NO.417-11936/2015
          IN KARUNAGAPPALLY BRANCH OF UNION BANK OF
          INDIA, REPRESENTED BY ITS CONVENER SHEEJA.
          THEKKEATTATHU VEEDU, AYANIVELIKULANGARA SOUTH
          SVM PO, KARUNAGAPPALLY, PIN - 690573
          BY ADVS.
          P.SIVARAJ
          MEGHA.M.S.
          M.MEHAR FARSANA


RESPONDENTS:

    1     UNION BANK OF INDIA
          KARUNAGAPPALLY BRANCH, THARAYIL BUILDING, PADA
          SOUTH, OLD N.H., KARUNAGAPPALLY PO, KOLLAM
          REPRESENTED BY ITS BRANCH MANAGER, PIN - 690518
    2     DEPUTY TAHSILDAR
          KARUNAGAPPALLY TALUK, KARUNAGAPPALLY PO, KOLLAM
          DISTRICT, PIN - 690518
          BY ADVS.
          ASP.KURUP
          SADCHITH.P.KURUP(K/1419/2002)
          C.P.ANIL RAJ(K/872/2007)
          SIVA SURESH(K/2688/2022)
          RESHMA RAJ(K/1150/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WPC 34008/23
                               ..2..



                         JUDGMENT

Even though the petitioner challenges Ext.P3 Demand

notice, their learned counsel - Sri.Sivaraj P., conceded that his

client only requires some time to pay off the overdue amounts

in the Loan Account, availed of from the 1st respondent, in

instalments. He pleaded that said respondent be directed to

allow his client to pay off the afore overdues in fifteen Equal

Monthly Instalments (EMI).

2. In response, Sri.A.S.P.Kurup - learned Standing

Counsel for the 1st respondent - Union Bank of India, submitted

that the overdues in the Loan Account of the petitioner, as on

16.10.2023, is Rs.9,20,155/-. He added that, therefore, if this

Court is so inclined, petitioner can be allowed to pay off the

said amount in not more than fifteen instalments, provided he

remits the same along with regular EMIs, without default.

Taking note of the afore submissions, I allow this writ

petition and permit the petitioner to pay off the overdue

amount of Rs.9,20,155/-, as on 16.10.2023, along with all

applicable charges and interest, in fifteen equal monthly

instalments, commencing from 30.11.2023. These payments WPC 34008/23 ..3..

shall be made along with regular EMIs, without any default in

either of them.

Needless to say, until such time as the petitioner

continues to pay in terms of the afore directions, all further

action pursuant to Ext.P3 will stand deferred; but should they

default payment of any two consecutive instalments as

ordered by this Court, or any of the regular EMIs, then the

benefit of this judgment will be lost to them and the

respondents will be at liberty to pursue Ext.P3 in terms of law

thereafter, without having to obtain any further orders from

this Court.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR WPC 34008/23 ..4..

APPENDIX OF WP(C) 34008/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PASS BOOK ISSUED BY 1ST RESPONDENT BANK IN FAVOUR OF THE PETITIONER M/S GURUPRABHA Exhibit P2 A TRUE COPY OF THE BANK STATEMENT FOR THE PERIOD 25.06.2018 TO 29.10.2022 Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE NO.

RRC NO. 2023/4179/02 DATED 07/09/2023 BEFORE ATTACHMENT OF IMMOVABLE PROPERTY UNDER SEE.34 AND DEMAND NOTICE FOR ATTACHMENT OF THE MOVABLES UNDER SEC.7 OF THE REVENUE RECOVERY ACT Exhibit P4 A TRUE COPY OF THE PAYMENT RECEIPT DATED 31.01.2023 ISSUED BY THE UNION BANK OF INDIA IN FAVOUR OF PETITIONER