Radhakrishnan K A vs Kerala State Co-Operative Bank Ltd
2024 Latest Caselaw 29540 Ker

Kerala High Court

Radhakrishnan K A vs Kerala State Co-Operative Bank Ltd on 17 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 36036 OF 2024




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                                                                          2024:KER:77056


                               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                 PRESENT

                                 THE HONOURABLE MR. JUSTICE D. K. SINGH

                     THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                                          WP(C) NO. 36036 OF 2024


        PETITIONER/S:

           1              RADHAKRISHNAN K A, AGED 53 YEARS
                          S/O AMBI ACHARY, KARIPPILLIL HOUSE, PAZHOOR P.O, PIRAVOM
                          ERNAKULAM DIST , KERALA, PIN - 686664

           2              GEETHA RADHAKRISHNAN, AGED 49 YEARS
                          W/O RADHAKRISHNAN, KARIPPILLIL HOUSE, PAZHOOR P.O, PIRAVOM,
                          ERNAKULAM DIST , KERALA, PIN - 686664


                          BY ADVS. JOHN T.PAUL; P.R.RAJESH



        RESPONDENT/S:

           1              KERALA STATE CO-OPERATIVE BANK LTD,
                          REPRESENTED BY ITS BRANCH MANAGER, PIRAVOM BRANCH PIRAVOM P.O,
                          ERNAKULAM DIST, KERALA, PIN - 686664

           2              SPECIAL SALES OFFICER,
                          KERALA STATE CO-OPERATIVE BANK LTD, CREDIT PROCESSING CENTRE,
                          KAKKANAD P.O, ERNAKULAM DIST, KERALA, PIN - 682030


                          BY ADV K.AMMINIKUTTY

                THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.10.2024, THE
        COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36036 OF 2024




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                                                               2024:KER:77056



                                            JUDGMENT

The petitioners, husband and wife, mortgaged their

residential property to take a Housing loan of Rs.18 lakhs and an

e-cap loan of Rs.5,85,000/- from the respondent Bank.

2. It appears that the petitioners have not paid a single

penny after taking the loan from the respondent Bank, except for

Rs.50,000/- which they paid on 08.10.2024.

3. Considering the petitioners' conduct, this Court would

not like to exercise its discretionary jurisdiction under Article 226

of the Constitution of India.

4. Therefore, the writ petition is dismissed, leaving it open

to the petitioner to approach the Bank itself for

restructuring/rescheduling the payment terms. If the Bank agrees

with the petitioner's request, the Court has no objection. WP(C) NO. 36036 OF 2024

2024:KER:77056

With the aforesaid observation, the present writ petition

stands dismissed.

Sd/-

D. K. SINGH JUDGE jjj WP(C) NO. 36036 OF 2024

2024:KER:77056

APPENDIX OF WP(C) 36036/2024

PETITIONER EXHIBITS

Exhibit P 1 TRUE COPY OF THE ONE TIME SETTLEMENT NOTICE ISSUED TO THE 1ST PETITIONER LOAN NO. 144760322000846 DATED 20.2.2024 ALONGWITH ENGLISH TRANSLATION

Exhibit P 2 TRUE COPY OF THE ONE TIME SETTLEMENT NOTICE ISSUED TO THE 2ND PETITIONER LOAN NO. 144760356001101 DATED 20.2.2024 ALONGWITH ENGLISH TRANSLATION

Exhibit P 3 TRUE COPY OF THE PAY-IN-SLIP NO.45554 DATED 08.10.2024 OF THE 1ST RESPONDENT

Exhibit P 4 TRUE COPY OF THE POSSESSION NOTICE IN M.C NO.157 OF 2023 BEFORE THE HON'BLE ADDL C.J.M COURT, ERNAKULAM DATED 25-4-2023