Lathikakumari.B vs Icici Bank Ltd
2024 Latest Caselaw 11368 Ker

Kerala High Court

Lathikakumari.B vs Icici Bank Ltd on 19 April, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
     FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
                     WP(C) NO. 15512 OF 2024
PETITIONERS :-

    1     LATHIKAKUMARI.B, AGED 65 YEARS
          W/O. KUTTAN PILLAI, RESIDING AT KOYIKKAL VEEDU,
          ATTUVASSERY, MAVADI P.O., KULAKKADA, PUTHUR,
          KOLLAM DISTRICT, PIN - 691507

    2     SREEHARI.K.K.PILLAI, AGED 31 YEARS
          S/O. KUTTAN PILLAI,RESIDING AT KOYIKKAL VEEDU,
          ATTUVASSERY, MAVADI P.O., KULAKKADA, PUTHUR,
          KOLLAM DISTRICT, PIN - 691507

          BY ADV H.PRAVEEN (KOTTARAKARA)


RESPONDENTS :-

    1     ICICI BANK LTD.,
          ADONAI TOWERS, SAHODARAN AYYAPPAN ROAD,
          KADAVANTHRA, ERNAKULAM , REPRESENTED BY ITS AUTHORIZED
          OFFICER, PIN - 682016

    2     THE AUTHORIZED OFFICER,
          ICICI BANK LTD., ADONAI TOWERS, SAHODARAN AYYAPPAN
          ROAD, KADAVANTHRA, ERNAKULAM, PIN - 682016

          BY ADVS.
          LAL K JOSEPH, SC FOR ICICI
          P.MURALEEDHARAN (THURAVOOR)(K/1651/2000)
          T.A.LUXY(L-78)
          SURESH SUKUMAR(K/634/1997)
          ANZIL SALIM(K/000447/2018)
          SANJAY SELLEN(K/885/2021)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15512 OF 2024

                               ..2..




                          JUDGMENT

This writ petition is filed seeking permission to remit the

overdue amount in equal monthly intallments.

2. Today when this case is taken up, the learned

Standing Counsel for the respondents submits that the

respondents are not in a position to allow installments at this

stage. However, it is submitted that the petitioners may be

directed to remit a considerable amount and thereafter the

petitioners may be directed to file a representation before

the Bank for installments.

Accordingly, the petitioners are directed to remit an

amount of Rs.3 lakhs on or before 20.05.2024. Thereafter,

the petitioners shall file an application within a week before

the respondent Bank for permitting them to pay the balance

amount in installments. On receipt of the application, the WP(C) NO. 15512 OF 2024

..3..

respondent Bank shall consider the application of the

petitioners favourably. Till such time, no coercive

proceedings shall be initiated by the respondents. The

petitioners are also directed not to alienate or dismantle the

vehicle during the said period.

The writ petition is disposed of as above.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

SMA WP(C) NO. 15512 OF 2024

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APPENDIX OF WP(C) 15512/2024

PETITIONER EXHIBITS :-

Exhibit P1 TRUE COPY OF THE ORDER PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM IN M.C. NO. 630/2023 DATED 27/09/2023