Dipi V vs Kandala Service Co-Operative ...
2023 Latest Caselaw 10399 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE SATHISH NINAN
  SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                      WP(C) NO. 17546 OF 2023
PETITIONER:

          DIPI V
          AGED 37 YEARS
          C/0 SUBASH M, THIRUVATHIRA , MATHOORKONAM ,
          KALLIYOOR, PALLICHAL PO, THIRUVANANTHAPURAM, PIN -
          695020
          BY ADVS.
          S.MUMTAZ
          ALISHA ASLAM
          AMINA RUBY FAIZAL


RESPONDENTS:

    1     KANDALA SERVICE CO-OPERATIVE BANK LTD.,
          REP BY THE SECRETARY, NEYYATTINKRARA KATTAKKADA
          ROAD; KANDALA, THOONGAMPARA, MARANALLOOR, KERALA,
          PIN - 695512
    2     ASST REGISTRAR OF CO-OPERATIVE SOCIETIES
          OFFICE OF THE ASST REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL), CO OPERATIVE UNION BUILDING,
          PRESS RD, OPPOSITE FIRE STATION, STATUE, PALAYAM,
          'THIRUVANANTHAPURAM, KERALA, PIN - 695001
    3     THE SPECIAL SALE OFFICER,
          PUBLIC OFFICE BUILDING . VAZHUTHACAUD,
          THIRUVANANTHAPURAM, PIN - 695001
    4     REGISTRAR OF CO-OPERATIVE SOCIETIES
          OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          THIRUVANANTHAPURAM, PIN - 695001
    5     STATE OF KERALA
          REP BY THE SECRETARY, CO-OPERATION DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
          BY ADV P.V.BABY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
 WPC NO.28944 OF 2022
                         -: 2 :-



30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                         Sathish Ninan, J.
                 ==============================
                     W.P(C) No.17546 of 2023
                   ==========================
           Dated this the 30th day of September, 2023

                                JUDGMENT

All that the petitioner seeks for is an easy

instalment facility to wipe off the liability due under

a defaulted loan account.

2. Heard the learned counsel on both sides.

3. On 31.05.2023, this Court has directed the

petitioner to pay an amount of Rs.1,00,000/- (Rupees one

lakh only). It is reported that the said direction has

been complied with.

4. The learned Standing Counsel submits that the

total due is approximately Rs.5,00,000/- (Rupees five

lakhs only).

5. Considering the financial constraints pointed

out by the petitioner, I am inclined to grant a

reasonable instalment facility to the petitioner.

The petitioner shall pay off the total amount due

to the Bank, with interest and costs, in 10 equal

monthly instalments commencing from 30.10.2023. In case

of default in payment of any single instalment, the

petitioner will lose the benefit granted under this

judgment.

This writ petition is disposed of accordingly.

Sathish Ninan, Judge

SVP APPENDIX OF WP(C) 17546/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EA DEMAND NOTICE DATED 24/09/2022 ISSUED ON THE PETITIONER Exhibit P2 TRUE COPY OF THE NOTICE DATED 03/02/2023 ISSUED ON THE PETITIONER