Saifudeen. M vs Kerala State Co-Operative Bank (Kerala ...
2024 Latest Caselaw 10537 Ker

Kerala High Court

Saifudeen. M vs Kerala State Co-Operative Bank (Kerala ... on 11 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                          WP(C) NO. 8968 OF 2024
PETITIONER:

              SAIFUDEEN. M.
              AGED 65 YEARS
              S/O. MUHAMMED SILI, S.S. MANZIL, KOLLAMKAVU,
              PANNIYOTTUKONAM, PAZHAKUTTY, NEDUMANGAD,
              THIRUVANANTHAPURAM -, PIN - 695561
              BY ADVS.
              K.K.DHEERENDRAKRISHNAN
              N.P.ASHA


RESPONDENTS:

     1        KERALA STATE CO-OPERATIVE BANK (KERALA BANK),
              P.B. NO. 5122, EAST FORT, FORT P.O., REGIONAL OFFICE,
              THIRUVANANTHAPURAM - REPRESENTED BY AUTHORISED OFFICER,
              PIN - 695023
     2        KERALA STATE CO-OPERATIVE BANK,
              NEDUMANGAD MAIN BRANCH, NEDUMANGAD THIRUVANANTHAPURAM
              - ,REPRESENTED BY ITS BRANCH MANAGER/AUTHORIZED OFFICER.,
              PIN - 695561
     3        DEPUTY THAHSILDAR,
              REVENUE RECOVERY, TALUK OFFICE, NEDUMANGAD TALUK,
              THIRUVANANTHAPURAM - ., PIN - 695561
              BY ADV THOMAS ABRAHAM


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8968 OF 2024
                                      2

                               JUDGMENT

When this matter was called today, Sri.Thomas

Abraham - learned counsel for the 1st respondent -

'Kerala State Co-operative Bank (Kerala Bank)'

("Bank" for short), submitted that, if the

petitioner is interested, he can be allowed to pay

off the overdue amount in his loan account in

installments, so that the said account can then be

regularised. He submitted that the overdue in the

Loan Account of the petitioner, as on 06.03.2024, is

Rs.4,07,736/-; and that if this Court is so

inclined, the petitioner can be allowed to pay off

the said amount in not more than 12 instalments,

provided he pays the same along with regular EMIs

without default.

2. Sri.K.K.Dheerendra Krishnan - learned counsel

for the petitioner, submitted that his client

accepts the afore and prayed that this Writ Petition

be so ordered.

WP(C) NO. 8968 OF 2024

3. Taking note of the afore submissions, I allow

this Writ Petition and permit the petitioner to pay

off the overdue amount of Rs.4,07,736/- as on

06.03.2024, along with all applicable charges and

interest, in 12 instalments, commencing from

01.06.2024. These payments shall be made along with

the regular EMIs, without any default in either of

them.

Needless to say, if the overdue amount is paid

by the petitioner as afore, his account will stand

regularised; but should he default in payment of two

instalments, as ordered by this Court, or any of the

regular EMIs, then the benefit of this judgment will

be lost to him; and necessary recovery action can be

continued against him, without the Bank having to

obtain any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN SAS JUDGE WP(C) NO. 8968 OF 2024

APPENDIX OF WP(C) 8968/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 1.1.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE NOTICE DATED 13.4.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE REVENUE RECOVERY PROCEEDING NOTICE DATED 28.12.2023 Exhibit P4 TRUE COPY OF THE DIRECTION PASSED BY THE REVENUE DEPARTMENT DATED 31.1.2024