Venugopal B K vs The Authorished Officer
2024 Latest Caselaw 14057 Ker

Kerala High Court

Venugopal B K vs The Authorished Officer on 28 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                       WP(C) NO. 11200 OF 2024
PETITIONER:

            VENUGOPAL B K
            AGED 56 YEARS
            S/O BALAKRISHNAN, MELOTTIL PONAKAM, MAVELIKKARA P.O,
            MAVELIKKARA THEKKEKARA VILLAGE, MAVELIKKARA TALUK,
            ALAPPUZHA DISTRICT, PIN - 690506
            BY ADVS.
            AJITH MURALI
            SWAPNA VIJAYAN
            MOHANAN M.K.


RESPONDENTS:

    1       THE AUTHORISHED OFFICER
            REGIONAL OFFICE, KERALA STATE CO-OPERATIVE BANK LIMITED
            (KERALA BANK) REGIONAL OFFICE, PB NUMBER -104, OPPOSITE
            MUNICIPAL TOWN HALL, ALAPUUZHA DISTRICT, PIN - 688001
    2       THE BRANCH MANAGER
            KERALA STATE CO-OPERATIVE BANK LIMITED (KERALA BANK),
            MAVELIKKARA BRANCH, MAVELIKKARA P.O, MAVELIKKARA TALUK,
            ALAPPUZHA DISTRICT, PIN - 690101
            BY ADV THOMAS ABRAHAM


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11200 OF 2024              2

                               JUDGMENT

When this matter was called today, Sri.Thomas Abraham - learned

Standing Counsel for the respondent - Bank, submitted that the

overdues in the loan account of the petitioner, as on 27.05.2024, is

Rs.6,71,744/-; and that he can be allowed to pay off the same in

instalments, provided he pays Rs.50,000/- as per the earlier interim

order - which remains uncomplied with - on or before 10.06.2024 and

the balance in 12 equal monthly instalments commencing from

15.07.2024; thus leading to the account being regularized.

2. Sri.Ajith Murali - learned counsel for the petitioner, fully agreed

to the afore and prayed that this writ petition be thus ordered.

In the afore circumstances, I allow this writ petition, granting

liberty to the petitioner to pay the overdue amount in the loan account,

namely, Rs.6,71,744/-; as on 27.05.2024, by first paying Rs.50,000/- on

or before 10.06.2024 and the balance amount, along with all applicable

charges and interest, in 12 equal monthly instalments commencing from

15.07.2024. He shall also, in addition to this, pay the regular EMIs

without fail and if this is done, the account will stand regularized.

Needless to say, as long as the petitioner pays as per the above

directions, all further action pursuant to Ext.P1 will stand deferred; but

if he defaults payment of two installments as ordered above, the

respondent - Bank will be at full liberty to recover the entire liability

from the petitioner, by continuing with further action as per the loan

agreement without having to obtain any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/29.5

APPENDIX OF WP(C) 11200/2024

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 10.03.2023.