Kerala High Court
Sreenilal vs The Manager on 25 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:79815
W.P.(C) No.37588/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 37588 OF 2024
PETITIONER:
SREENILAL,
AGED 47 YEARS,
S/O. SADASIVAN,
RESIDING AT SIVASHYALAM,
THATTARAKONAM P.O., PEROOR,
KOTTANKKARA, KOLLAM, PIN - 691005
BY ADVS.
S.SREEKUMAR (KOLLAM)
NAMITHA RAJESH
NITHYA V.D.
RESPONDENTS:
1 THE MANAGER,
QUILON CO-OPERATIVE URBAN BANK LTD Q-960,
CHANDANATHOPPU BRANCH,
KOLLAM, PIN - 691014
2 THE AUTHORIZED OFFICER,
QUILON CO-OPERATIVE URBAN BANK LTD. Q-960,
HEAD OFFICE, YMCA ROAD,
KOLLAM, PIN - 691001
BY ADV.
SMT.D.P.RENU, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.37588/2024
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JUDGMENT
Dated this the 25th day of October, 2024
The petitioner availed a Cash Credit facility of
₹40 lakhs from the Quilon Co-operative Urban Bank Ltd. The
petitioner failed to maintain the loan account. Thereupon, the
Bank initiated coercive proceedings. The matter was placed
before the Lok Adalat held on 15.06.2024. Lok Adalat
passed Ext.P1 Award directing the petitioner to pay
1st installment of ₹12 lakhs on 25.07.2024, 2nd installment of
₹15 lakhs on 25.10.2024 and 3rd installment of ₹33 lakhs on
15.11.2024.
2. The petitioner is before this Court submitting
that the petitioner has paid 1st installment of ₹12 lakhs as per
the time schedule. The petitioner wants three months time to
pay the remaining two installments since the petitioner is not
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physically well. The petitioner was unable to raise the 2nd
installment as directed in Ext.P1 Award. If three months time
is granted to the petitioner, the petitioner can clear the Award
amount along with the applicable Bank interest.
3. Standing Counsel entered appearance and
resisted the writ petition. On behalf of the respondents, the
statements made by the petitioner in the writ petition are
denied. The petitioner is an affluent person and he can very
well clear the liabilities. The petitioner is deliberately delaying
the payment. This Court has no power to enlarge or vary the
conditions of Ext.P1 Award, contends the Standing Counsel.
4. Taking into consideration the facts of the
case and also the fact that the petitioner had remitted the 1 st
installment as directed in Ext.P1 Award within the time, I am
of the view that a breathing time can be granted to the
petitioner to pay the remaining two installments on strict
conditions.
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The writ petition is accordingly disposed of
permitting the petitioner to pay the 2nd installment on or before
30.11.2024 and the 3rd installment on or before 31.12.2024
along with accruing interest as per the terms of the Bank. If
the petitioner fails to make payment as directed above, the
respondents will be free to proceed against the petitioner in
accordance with law.
Sd/-
N. NAGARESH
JUDGE
SR
2024:KER:79815
APPENDIX OF WP(C) 37588/2024
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE AWARD DATED
15.06.2024 PASSED BY THE LOK ADALATH
IN D.R.T-2 , ERNAKULAM
Exhibit P2 THE TRUE COPY OF THE LETTER DATED
08.07.2024 ISSUED BY THE 1ST
RESPONDENT
Exhibit P3 THE TRUE COPY OF THE RECEIPT ISSUED BY
THE 1ST RESPONDENT DATED 25.7.2024
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION
DATED 17.10.2024 SUBMITTED BEFORE THE
1ST RESPONDENT.
