Kerala High Court
Thankappan C vs Authorised Officer on 11 April, 2024
Author: P Gopinath
Bench: P Gopinath
WP(C) No.14771/2022 1/4 Order Date : 11-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
WP(C) NO. 14771 OF 2022
PETITIONER:
THANKAPPAN C., AGED 67 YEARS, S/O. CHELLAPPAN CHETTIYAR, TC
76/779(3), PULICKAL PUTHEN VEEDU, PALLICKAL LANE, KUDAVOOR, ANAYARA,
THIRUVANANTHAPURAM DISTRICT.
RESPONDENTS
1. AUTHORISED OFFICER, KARAMANA CO-OPERATIVE BANK LIMITED NO.1761,
KARAMA (PO), THIRUVANANTHAPURAM, PIN-695002.
2. BRANCH MANAGER, KARAMANA CO-OPERATIVE BANK LIMITED NO.1761, KARAMA
(PO), THIRUVANANTHAPURAM, PIN-695002.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings consequent to Exhibit P10 and
Exhibit P11 of notices issued by the Advocate Commissioner in M.C.No 421
of 2021 on the file of Chief Judicial Magistrate Court,
Thiruvananthapuram, till the disposal of the above Writ Petition
(Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
29/04/2022 and upon hearing the arguments of M/S. P.V.ANOOP, PHIJO
PRADEESH PHILIP, M.P.PRIYESHKUMAR & K.V.SREERAJ, Advocates for the
petitioner and of M/S.R.S.KALKURA, M.S.KALESH, P.I.NAJUMAL HUSSAIN,
ANJALI B CHANDRAN & HARISH GOPINATH, Advocates for the Respondents, court
passed the following:
WP(C) No.14771/2022 2/4 Order Date : 11-04-2024
GOPINATH P., J.
================
I.A. No.2 of 2024 in W.P.(C.)No.14771 of 2022
=================
Dated this the 11th day of April, 2024.
ORDER
Having heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the respondent
bank, and having regard to the facts and circumstances of the
case, I am clear in my mind that the petitioner has not made out
any case for grant of extension of time. However, purely as a
matter of indulgence, the petitioner is permitted to pay the
present overdue amount of Rs.3,85,192/- (Rupees Three lakhs
eighty five thousand one hundred and ninety two only), as on
11.04.2024, in three equal monthly instalments.
Accordingly, there will be a direction to the respondent
bank to accept repayment of the entire overdue amount of
Rs.3,85,192/- (Rupees Three lakhs eighty five thousand one
hundred and ninety two only) in the following manner:-
(i) The overdue amount of Rs.3,85,192/- (Rupees Three
lakhs eighty five thousand one hundred and ninety two only)
shall be paid in three equal monthly instalments;
WP(C) No.14771/2022 3/4 Order Date : 11-04-2024
(ii) The first instalment shall be paid on or before
30.04.2024 and the subsequent instalments shall be paid or or
before the last working day of succeeding months;
(iii) The petitioner shall also be liable to pay any accrued
interest and costs on the aforesaid amount;
(iv) The petitioner shall pay the regular EMIs on the due
dates, without fail;
(v) If the petitioner fails to pay any of the amounts (the
instalments granted by this Court or the regular EMIs), it will
be open to the respondent bank to continue with the
proceedings initiated against the petitioner;
(vi) In order to enable the petitioner to repay the entire
amounts, all coercive proceedings shall be kept in abeyance.
Sd/-
GOPINATH P.
ajt JUDGE
WP(C) No.14771/2022 4/4 Order Date : 11-04-2024
APPENDIX OF WP(C) 14771/2022
Exhibit P1 TRUE COPY OF THE STATEMENT OF THE LOAN ACCOUNTS
NO.182/18 IN THE NAME OF THE 1ST PETITIONER.
Exhibit P1(A) TRUE COPY OF THE STATEMENT OF THE LOAN ACCOUNTS
NO.183/18 IN THE NAME OF THE 2ND PETITIONER.
Exhibit P1(B) TRUE COPY OF THE STATEMENT OF THE LOAN ACCOUNTS
NO.184/18 IN THE NAME OF THE 3RD PETITIONER.
Exhibit P1(C) TRUE COPY OF THE STATEMENT OF THE LOAN ACCOUNTS
NO.185/18 IN THE NAME OF ONE MR.VISHNU PRAKASH.
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE NO.ML182/18 DATED
10.5.2019 ISSUED BY THE 1ST RESPONDENT TO THE 1ST
PETITIONER.
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE NO.ML 182/18 DATED
10.5.2019 ISSUED BY THE 1ST RESPONDENT TO THE 2ND
PETITIONER.
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE NO. ML182/18 DATED
10.5.2019 ISSUED BY THE 1ST RESPONDENT TO THE 3RD
PETITIONER.
Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONERS
AGAINST THE PAYMENT OF A TOTAL AMOUNT OF RS.3,00,000/-
TOWARDS THE LOAN ACCOUNTS BEARING NO.183/18, 184/18 AND
185/18 DATED 1.9.2021.
Exhibit P6 TRUE COPY OF THE CHELAN ISSUED BY THE RESPONDENT BANK
DATED 29.11.2021.
Exhibit P7 TRUE COPY OF THE CHELAN ISSUED BY THE RESPONDENT BANK
DATED 5.1.2022.
Exhibit P8 TRUE COPY OF THE CHELAN ISSUED BY THE RESPONDENT BANK
DATED 28.1.2022.
Exhibit P9 TRUE COPY OF THE CHELAN ISSUED BY THE RESPONDENT BANK
DATED 28.2.2022.
Exhibit P10 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE
COMMISSIONER IN M.C.NO.421/2021 DATED 17.1.2022 TO THE
PETITIONER'S WIFE NAMED VIJAYALAKSHMI K.R.
Exhibit P10(A) TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE
COMMISSIONER IN M.C.NO.421/2021 DATED 17.1.2022 TO THE
PETITIONER'S SON NAMED SHYAM VISHNU T.
Exhibit P11 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE
COMMISSIONER IN M.C.NO.421/2021 DATED 19.4.2022.
Annexure A1 TRUE COPY OF THE JUDGMENT DATED 16.11/2022 IN W.P.(C)
NO. 14771/22.
Annexure A2 TRUE COPY OF THE BANK STATEMENT DATED 13.02.2024
Exhibit R1 ( a ) True copy of the communication dated 20.03.2020 issued
by the Reserve Bank of India to the respondent bank
Exhibit R1 ( b ) True copy of the communication dated 2.3.2021 issued by
the Reserve Bank of India to the respondent
