Jaya.S vs The Secretary
2023 Latest Caselaw 10086 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR. JUSTICE SATHISH NINAN
  MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                    WP(C) NO. 7594 OF 2023
PETITIONER:
          JAYA.S, AGED 50 YEARS, W/O.RADHAKRISHNAN NAIR,
          BLOCK.NO.42, ESM COLONY, KULATHUPUZHA, KOLLAM
          DISTRICT, PIN - 691310
          BY ADVS.
          B.KRISHNA MANI
          N.V.SANDHYA
          DHANUJA M.S
RESPONDENTS:
     1    THE SECRETARY, KULATHUPUZHA SERVICE CO-OPERATIVE
          BANK LTD.NO.1867, KULATHUPUZHA, KOLLAM DISTRICT,
          PIN - 691310
     2    THE SPECIAL SALE OFFICER,KULATHUPUZHA SCB GROUP,
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL), PUNALUR TALUK, KOLLAM DISTRICT,
          PIN - 691305
          BY ADVS.
          K.SIJU
          ANJANA KANNATH(K/939/2014)
          SMT.RESMI THOMAS, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                          Sathish Ninan, J.
                  ==============================
                      W.P(C) No.7594 of 2023
                    ==========================
            Dated this the 18th day of September, 2023

                                    JUDGMENT

In respect of a defaulted loan account, the

petitioner is faced with recovery proceedings. All that

the petitioner seek for is an instalment facility to

wipe off the entire debt.

2. Heard the learned counsel on both sides.

3. On 06.03.2023 this Court had directed the

petitioner to pay an amount of D 50,000/- towards debt.

It is reported that the direction has been complied

with. The total amount due as of now is approximately

D 5 Lakhs.

4. Considering the financial constraints pointed

out by the petitioner and also the amount involved and

that the petitioner has complied with the interim

direction, I am of the opinion that a reasonable

instalment facility can be granted to the petitioner.

Resultantly, the Writ Petition is disposed of with

the following directions:

1. Petitioner is permitted to pay the entire

amount due, inclusive of interest and costs,

in fifteen equal monthly instalments

commencing from 30.10.2023.

2. In case of default in payment of any

single instalment, the petitioner will lose

the benefit granted under this judgment, and

further proceedings for recovery can go on.

Sd/-

Sathish Ninan, Judge

vdv APPENDIX OF WP(C) 7594/2023 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE RELEVANT PORTION OF THE PASS BOOK Exhibit-P2 A TRUE COPY OF THE NOTICE IN PROCEEDING E.A.NO.464/2019 ISSUED BY THE SPECIAL SALE OFFICER, THE 2ND RESPONDENT DATED NIL Exhibit-P3 A TRUE COPY OF THE DEMAND NOTICE DATED 27-1-2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER