Kahiruneesa vs The Malappuram District ...
2023 Latest Caselaw 10973 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                    WP(C) NO. 34061 OF 2023
PETITIONER:

         KAHIRUNEESA,
         AGED 56 YEARS
         D/O MOIDEEN, MANGATTU HOUSE, VELLOOR P.O,
         MALAPPURAM DISTRICT, PIN - 676517.

         BY ADVS.
         T.K.AJITH KUMAR
         HARITHA HARIDAS


RESPONDENTS:

    1    THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD,
         NO. 4329, HEAD OFFICE, PB NO.8, UP HILL PO,
         MALAPPURAM DISTRICT, PIN - 676505,
         REPRESENTED BY ITS BRANCH MANAGER.
    2    AUTHORISED OFFICER,
         THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD.
         HEAD OFFICE, UP HILL P.O,
         MALAPPURAM DISTRICT - 676505

         SRI.GILBERT GEORGE CORREYA

     THIS WRIT PETITION       (CIVIL) HAVING COME UP      FOR
ADMISSION ON 26.10.2023,      THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.34061 of 2023


                                  2




                            JUDGMENT

Dated this the 26th day of October, 2023

The petitioner is before this Court seeking to direct the

respondents to permit the petitioner to repay the loan availed

by her from the 1st respondent-Bank in Equal Monthly

Installments. The petitioner had availed a loan of ₹2,50,000/-

from the 1st respondent-Bank.

2. Standing Counsel entered appearance on behalf of

the respondents and submitted that the repayment period of

the said loan expired long back, in the year 2017.

3. It is submitted by the Standing Counsel that an

amount of ₹6,40,405/- is due from the petitioner as on

16.10.2023. If the petitioner can repay the amount within a

very short span of time, a reasonable time can be granted to

the petitioner.

WP(C) No.34061 of 2023

4. Taking into consideration the fact that the

outstanding amount is ₹6,04,405/-, I am inclined to grant the

petitioner six months time.

5. The writ petition is therefore disposed of with the

following directions:

(i) The petitioner shall repay the outstanding

amount of ₹6,40,405/- along with accrued interest

and administrative charges, if any, in six Equal

Monthly Installments. The first of such Installments

shall be paid on or before 27.11.2023. The

subsequent five Installments shall be made in the

subsequent consecutive five months.

(ii) If the petitioner commits default in making

any of the Installments, the respondents will be at

liberty to proceed against the petitioner in

accordance with law.

WP(C) No.34061 of 2023

(iii) If the petitioner makes the repayment and

continues to pay the Installments as directed above,

coercive proceedings, if any, against the petitioner

shall stand deferred.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.34061 of 2023

APPENDIX OF WP(C) 34061/2023

PETITIONER'S EXHIBITS

Exhibit -P1 TRUE COPY OF THE PETITION U/S 14 OF THE SARFAESI ACT DATED 25.07.2016. Exhibit -P2 TRUE COPY OF THE NOTICE DATED 10.10.2023 ISSUED BY THE ADVOCATE COMMISSIONER.