Radhamma vs Kerala Bank
2024 Latest Caselaw 12165 Ker

Kerala High Court

Radhamma vs Kerala Bank on 14 May, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946
                      WP(C) NO. 17721 OF 2024
PETITIONER:

             RADHAMMA
             AGED 61 YEARS, W/O ANANDAN NAIR,
             ANEESHBHAVAN (MOOLANKEKIZHAKKATHIL)
             KOTTAKAPPURAM, CLAPPANA P.O,
             KALUSEKHARAPPURAM, KARUNAGAPPALLY - 690525
             BY ADVS.
             EBIN V.Y.
             SADIK ISMAYIL


RESPONDENT:

             KERALA BANK
             (FORMERLY KERALA STATE CO-OPERATIVE BANK)
             KARUNAGAPPALLY BRANCH, KARUNAGAPPALLY,
             KERALA, PIN - 690518
             REPRESENTED BY ITS BRANCH MANAGER
             BY ADV.
             SRI.P.C.SASIDHARAN - SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C). No.17721 of 2024          :2:



                              VIJU ABRAHAM, J.
                       ==========================
                          W.P.(C) No.17721 of 2024
                     =============================
                      Dated this the 14th day of May, 2024

                                 JUDGMENT

The petitioner has approached this Court seeking a direction to

regularise her business loan account and allow her to pay the overdue

amount in 20 equal monthly installments. Learned counsel for the

petitioner would further submit that, on 14.05.2024, she made a

remittance of Rs.50,000/- (Rupees fifty thousand only) .

2. The learned Standing Counsel appearing for the respondent

Bank would submit that, the total overdue amount as on date is

Rs.16,33,990/- (Rupees sixteen lakh thirty three thousand nine hundred

and ninety only), and if this Court is inclined to grant installment to the

petitioner, a substantial amount may be directed to be deposited by the

petitioner to show her bona fides.

Taking into consideration of the fact that Rs.50,000/- (Rupees fifty

thousand only) has been remitted today (14.05.2024), I dispose of the

writ petition directing to regularise the loan amount on the following

conditions:

i) The petitioner shall pay a further amount of Rs.50,000/-

(Rupees fifty thousand only) within a period of one month

from today.

ii) The balance amount along with the accrued interest and

other charges shall be paid by the petitioner in 10 equated

monthly installments, commencing from 15.07.2024 and

shall continue to pay the regular installments as per the

original loan schedule.

iii) The subsequent installments shall be paid on or before

15th of succeeding months.

iv) In the event of any single default in payment as directed

above, the respondent bank shall be free to continue the

recovery proceedings from the stage at which they

presently stand.

iv) It is made clear that if the petitioner complies with the

aforesaid directions, further proceedings for recovery shall

be kept in abeyance.

With the above said directions, this writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE anm

APPENDIX OF WP(C) 17721/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 04-05-2024 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER

RESPONDENT EXHIBITS : NIL.