Sheeja vs Chalakudy Town Co-Operative Bank Ltd
2024 Latest Caselaw 29230 Ker

Citation : 2024 Latest Caselaw 29230 Ker
Judgement Date : 10 October, 2024

Kerala High Court

Sheeja vs Chalakudy Town Co-Operative Bank Ltd on 10 October, 2024

Author: P Gopinath

Bench: P Gopinath

                                                           2024:KER:75407



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946

                          WP(C) NO. 8577 OF 2022

PETITIONER/S:

            SHEEJA,AGED 44 YEARS
            D/O. THOMAS, KALLELI HOUSE, KAMMALAM DESOM,
            KODASSERY VILLAGE, CHATTIKULAM P.O.,
             CHALAKUDY TALUK, THRISSUR DISTRICT 680 721.


            BY ADVS.
            ARUN ASHOK
            NEENA JAMES




RESPONDENT/S:

    1       CHALAKUDY TOWN CO-OPERATIVE BANK LTD,
            NO. R928, TOWN BANK TOWER, MAIN ROAD, CHALAKUDY,
            THRISSUR 680 307, REPRESENTED BY ITS SECRETARY.

    2       THE AUTHORISED OFFICER,
            CHALAKUDY TOWN CO - OPERATIVE BANK LTD., NO. R 928,
            TOWN BANK TOWER MAIN ROAD, CHALAKUDY ,
            THRISSUR 680 307.

            BY ADVS.
            ARJUN RAGHAVAN
            T.R.HARIKUMAR



     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                          2024:KER:75407
WP(C) NO. 8577 OF 2022              2



                               JUDGMENT

The petitioner is a divorcee, whose ex-husband

availed four different credit facilities from the respondent

bank. The petitioner has approached this Court, being

aggrieved by the fact that recovery proceedings have been

initiated to recover certain amounts due on account of the

loans availed by the ex-husband of the petitioner, by

proceeding against certain properties in which the petitioner

and her children are residing, after she obtained divorce from

her ex-husband. The only prayer of the petitioner is to permit

the petitioner to clear the liability in instalments. It is

submitted that the property is jointly owned.

2. Learned counsel appearing for the respondent

bank submits that regularisation of the loans in question

cannot be considered. It is submitted that, if the petitioner

is ready and willing to settle the entire liability, the

petitioner can be permitted to do so, in some limited

instalments. Learned counsel appearing for the respondent

also submits that, as on today (10.10.2024), the balance

amount which is liable to be repaid is Rs.12,50,589/- (Rupees 2024:KER:75407

Twelve lakhs fifty thousand five hundred and eighty nine

only).

3. Having heard the learned counsel appearing for

the petitioner and the learned Standing Counsel appearing

for the bank and having regard to the peculiar facts and

circumstances of the case, I am of the view that the

petitioner can be granted an opportunity to repay the

outstanding amount in twenty instalments.

4. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire

outstanding amount of Rs.12,50,589/- (Rupees Twelve lakhs

fifty thousand five hundred and eighty nine only) along with

accrued interest and bank charges from the petitioner in the

following manner:

(i) The outstanding amount of Rs.12,50,589/- (Rupees Twelve lakhs fifty thousand five hundred and eighty nine only) shall be repaid in twenty equated monthly instalments along with any accrued interest/costs;

(ii) The first instalment shall be paid on or before 01.11.2024 and the subsequent instalments shall be paid on the 01 st day of the succeeding months;