Shibu V.C vs Authorised Officer, Kottayam ...
2023 Latest Caselaw 10760 Ker

Citation : 2023 Latest Caselaw 10760 Ker
Judgement Date : 19 October, 2023

Kerala High Court

Shibu V.C vs Authorised Officer, Kottayam ... on 19 October, 2023

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE K. BABU
 THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                        WP(C) NO. 10864 OF 2023
PETITIONER:

    1       SHIBU V.C., AGED 51 YEARS
            S/O.CHELLAPPAN, THEKKECHIRAYIL HOUSE,
            KANJIRAM P.O., KOTTAYAM, PIN - 686020

    2       MANJU SHIBU, AGED 45 YEARS
            W/O.SHIBU V.C., THEKKECHIRAYIL HOUSE,
            KANJIRAM P.O., KOTTAYAM, PIN - 686020

            BY ADVS.
            C.S.MANILAL
            S.NIDHEESH
            KUNJAPPEASOW RAINGE


RESPONDENTS:

    1       AUTHORISED OFFICER, KOTTAYAM CO-OPERATIVE URBAN
            BANK LTD. NO.421, HEAD OFFICE, THIRUNAKKARA,
            KOTTAYAM, PIN - 686001

    2       THE KOTTAYAM CO-OPERATIVE URBAN BANK LTD.,
            NO.421, REPRESENTED BY THE SECRETARY, HEAD
            OFFICE, THIRUNAKKARA, KOTTAYAM, PIN - 686001

    3       ASWIN A., ADVOCATE, COMMISSIONER,
            LOGOS CENTRE, KOTTAYAM, PIN - 686001

            BY SRI.SURIN GEORGE IPE, SC



     THIS     WRIT     PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON    19.10.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 10864 OF 2023

                                      -2-




                            K. BABU, J.
                  ------------------------------------
                  W.P.(C) No.10864 of 2023
                 -------------------------------------
                   Dated this the 19th day of October, 2023



                          JUDGMENT

The prayers in this Writ Petition filed under Article 226 of

the Constitution of India are as follows:-

1. Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 to grant affordable instalments for the payment of amounts referred to in Ext-P3 after waiving the penal interest and interest on interest.

2. Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the 1st and 3rd respondent not to take physical possession of the property referred to in Ext-P3 till the Bank takes a decision on the waiver of interest and other charges.

3. Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the 2nd respondent Bank to consider the request WP(C) NO. 10864 OF 2023

of the petitioner for waiver of interest on the loan amount OL 1226.

4. Grant such other Relief.

5. Dispense with the production of translation of vernacular language.

2. Heard both sides.

3. Upon instructions, the learned Standing Counsel for the

respondent Bank submitted that the total amount due to the Bank is

Rs.10,38,567/- as on date. The Bank is agreeable to permit the

petitioners to remit the amount in 12 equal monthly instalments.

4. In the above circumstances, the Writ Petition is disposed

of with the following directions:-

(i) The petitioners shall remit the outstanding amount of

Rs.10,38,567/- together with any accrued interest and

charges in 12 equal monthly installments.

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

30.11.2023 and the subsequent instalments shall be

paid on the last working day of every succeeding month.

(iii) The respondent Bank shall accept the outstanding loan WP(C) NO. 10864 OF 2023

amount from the petitioners as stated above.

(iv) In the event of default of any one instalment,

respondent Bank is entitled to proceed in accordance

with law.

(v) The proceedings initiated under the SARFAESI Act

against the petitioners shall be kept in abeyance to

facilitate repayment as stated above.

Sd/-

K. BABU, JUDGE AS WP(C) NO. 10864 OF 2023

APPENDIX OF WP(C) 10864/2023

PETITIONER EXHIBITS