Aloysius Varghese vs The Kerala State Co-Operative Bank Ltd, ...
2024 Latest Caselaw 11771 Ker

Kerala High Court

Aloysius Varghese vs The Kerala State Co-Operative Bank Ltd, ... on 30 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                   &
                THE HONOURABLE MR. JUSTICE EASWARAN S.
   TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                          WA NO. 624 OF 2024
AGAINST THE JUDGMENT DATED 25.03.2024 IN WP(C) NO.10955 OF 2024
                       OF HIGH COURT OF KERALA
APPELLANTS:

    1       ALOYSIUS VARGHESE
            AGED 53 YEARS
            S/O. VARGHESE, THOTTAPATT HOUSE, KODIKULAM PO,
            IDUKKI, PIN - 685582
    2       ALPHONSA GEORGE
            AGED 57 YEARS
            D/O.VARGHESE, KARIKULATH PUTHENPURA HOUSE,
            EZHALLOOR PO, IDUKKI, PIN - 685605
            BY ADVS.
            AMJATHA D.A.
            FARHANA K.H.


RESPONDENTS:

    1       THE KERALA STATE CO-OPERATIVE BANK LTD,
            REPRESENTED BY THE AUTHORIZED OFFICER
            CREDIT PROCESSING CENTRE P B NO. 2, IDUKKI COLONY PO,
            IDUKKI, PIN - 685602
    2       AUTHORIZED OFFICER
            THE KERALA STATE CO-OPERATIVE BANK LTD CREDIT
            PROCESSING CENTRE P B NO.2, IDUKKI COLONY PO, IDUKKI,
            PIN - 685602
    3       THE BRANCH MANAGER
            KERALA STATE CO-OPERATIVE BANK LTD, WEST KODIKULAM
            BRANCH IDUKKI, PIN - 685582
            SC - GILBERET GEORGE CORREYA


     THIS     WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 624 OF 2024                    2

                               JUDGMENT

DEVAN RAMACHANDRAN,J.

It is gratifying that the learned Standing Counsel for the

respondent - Bank is amenable to some concessions in favour of the

appellants, even though, he maintains that no such is liable to be granted

in law.

2. The facts of this case are not in dispute.

3. The appellants have defaulted payment of a loan availed of from

the respondent - Bank; and they also concede that they have not been

able to comply with the time frame for payment, as fixed in the impugned

judgment.

4. We have gone through the judgment and we find no reason to

interfere legally; but since the appellants say that they are going through

extreme financial crisis, we asked the learned Standing Counsel for the

respondent - Bank - Sri.Gilbert George Correya, whether any further

benefits can be offered.

5. As said above, Sri.Gilbert George Correya fairly submitted that if

the appellants pay Rs.5.5 Lakhs - which is the balance of the first

instalment as ordered by the learned Single Judge - on or before

30.05.2024, the rest of the overdue amount can be allowed to pay in not

more than 15 equal monthly instalments.

6. The learned counsel for the appellants - Smt.Amjatha D.A.,

acceded to the afore suggestion.

In the afore circumstances, without in any manner meaning that

the judgment of the learned Single Judge is in error, we allow this

Appeal, as an indulgence to the appellants, with the following directions.

The payment schedule in the judgment impugned would stand

modified in the following manner:

(a) The appellants shall pay an amount of Rs.5.5 Lakhs on or before

30.05.2024.

(b) If the afore is done, the appellants will be allowed to pay the

balance of the overdue amount in the loan account in 15 equal monthly

instalments, commencing from 30.06.2024.

In all other respects, the judgment impugned will remain

unaltered.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

EASWARAN S. JUDGE MC/30.4