Shylaja vs The Catholic Syrian Bank
2023 Latest Caselaw 10227 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA,
                            1945
                   WP(C) NO. 30904 OF 2023
AGAINST THE ORDER/JUDGMENT WP(C) 5335/2023 OF HIGH COURT
                          OF KERALA
PETITIONER:

          SHYLAJA
          AGED 57 YEARS
          D/O. OMANA S.S. BHAVANAM, KADUVINAL P.O,
          KADUVINAL MURI, VALLIKKUNNAM VILLAGE, ALAPPUZHA
          DISTRICT, PIN - 690501
          BY ADVS.
          B.RENJITHKUMAR
          CLARA SHERIN FRANCIS


RESPONDENTS:

    1      THE CATHOLIC SYRIAN BANK
           REP. BY ITS MANAGING DIRECTOR CSB BHAVAN, ST.
           MARYS COLLEGE ROAD, THRISSUR, PIN - 680020
    2      THE BRANCH MANAGER
           CATHOLIC SYRIAN BANK, CHOONAD BRANCH, PRANAVAM
           COMPLEX CHOONAD P.O, ALAPPUZHA DISTRICT,
           PIN - 690503
    3      THE HEAD RETAIL COLLECTIONS
           CATHOLIC SYRIAN BANK, CHOONAD BRANCH, PRANAVAM
           COMPLEX CHOONAD P.O, ALAPPUZHA DISTRICT,
           PIN - 690503
    4      THE DEPUTY COMMISSIONER OF GENERAL SALE TAX
           MINI CIVIL STATION BUILDING, CHENGANNUR,
           PIN - 689121


           SRI. P.PAULOCHAN ANTONY
 WPC 30904/23
                          ..2..



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WPC 30904/23
                               ..3..



                        JUDGMENT

Even though the petitioner challenges Ext.P3 notice, her

learned counsel - Sri.Renjithkumar, conceded that his client

only requires some time to pay off the overdue amounts in the

Loan Account - availed of from the 2 nd respondent - in few

instalments. He pleaded that said respondent be directed to

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

Monthly Instalments (EMI).

2. In response, Sri.P.Paulochan Antony - learned

Standing Counsel for the respondent - Catholic Syrian Bank,

submitted that the overdues in the Loan Account of the

petitioner, as on 21.09.2023, is Rs.2,28,174/-. He submitted

that, therefore, if this Court is so inclined, petitioner can be

allowed to pay off the said amount in not more than three

instalments, provided she pays 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 WPC 30904/23 ..4..

amount of Rs.2,28,174/-, as on 21.09.2023, along with all

applicable charges and interest, in three instalments,

commencing from 30.09.2023. These payments 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 she

defaults 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 her 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 30904/23 ..5..

APPENDIX OF WP(C) 30904/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE NOTICE DATED 7.2.2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit-P2 TRUE COPY OF THE JUDGMENT DATED 16.2.2023 IN W.P.(C) NO. 5335/2023 OF THIS HON'BLE COURT Exhibit-P3 TRUE COPY OF THE NOTICE DATED 4.9.2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit-P4 TRUE COPY OF THE REQUEST DATED 18.9.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT