Valsamma Chacko vs Kerala Bank
2024 Latest Caselaw 31173 Ker

Citation : 2024 Latest Caselaw 31173 Ker
Judgement Date : 1 November, 2024

Kerala High Court

Valsamma Chacko vs Kerala Bank on 1 November, 2024

WP(C) NO. 38331 OF 2024

                                       1

                                                  2024:KER:81374
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

             THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

     FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946

                      WP(C) NO. 38331 OF 2024

PETITIONER
             VALSAMMA CHACKO ,
             AGED 63 YEARS
             W/O. CHACKO, THADATHIL PUTHENVVETTIL HOUSE,
             AMMANKULAM,CHAPPARAPPADAVU.P.O., TALIPARAMBA TALUK,
             KANNUR DT, PIN - 670581


             BY ADVS.
             V.T.MADHAVANUNNI
             V.A.SATHEESH



RESPONDENTS

      1      KERALA BANK,
             (KERALA STATE CO-OPERATIVE BANK), TALIPARAMBA
             BRANCH,TALIPARAMBA P.O., KANNUR DT.,REP. BY BRANCH
             MANAGER, PIN - 670141

      2      AUTHORISED OFFICER ,
             UNDER SARFAESI ACT-2002, THE KERALA STATE CO-
             OPERATIVE BANK LTD.,KANNUR REGIONAL OFFICE,
             KANNUR DT, PIN - 670001


             BY ADV M.SASINDRAN, SC

             SRI.S.GOPINADHAN, SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    01.11.2024,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 38331 OF 2024

                                    2

                                                       2024:KER:81374
                           JUDGMENT

=============

This writ petition has been filed by the petitioner seeking

the following reliefs:

"A. This Hon'ble Court may be pleaded to issue a writ of Mandamus or such other writ or order directing Respondents to grant 15 monthly equal installment facility to the petitioner to pay off the overdue amount in the loan.

B. This Hon'ble Court may be pleased to issue a writ of Mandamus or such other writ or order directing the respondents to regularize the loan account of the petitioner.

C. For such order and further writs or orders as the nature and circumstances of the case may require."

2. The petitioner had availed a loan of Rs.10 lakhs from

the respondents-Bank and she could not remit the installment on

time. She prays that she may be given an opportunity to pay off the

amounts in equal monthly installments and the Bank may be

directed to regularize the account.

3. Heard Sri.Madhavanunni..V.T., the learned counsel for

the petitioner and Sri.M.Sasindran, the learned Standing Counsel

for the Bank.

4. It is submitted by the learned Standing Counsel for the WP(C) NO. 38331 OF 2024

2024:KER:81374 Bank that the overdue amount as on date is Rs.10,69,950/-. The

term of the loan is stated to be 8 years. It is also submitted by the

learned Standing Counsel for the Bank that the Bank is ready and

amenable to provide installment facility to the petitioner, provided

she pays off the entire the overdue amount of Rs.10,69,950/- by way

of 15 equal monthly installments. The learned counsel for the

petitioner submits that such an arrangement is acceptable to his

client.

Taking note of the above submissions, the writ petition is

disposed of in the following terms:

1) If the petitioner remits the entire overdue amount in 15

equal monthly installments, and make the 1 st installment within a

period of one month from today, ie; on or before 01.12.2024, the

Bank shall regularize the account.

2) The petitioner shall continue to pay all the regular Equal

Monthly Installments without fail on time along with bank charges

and interest, if any.