Chandran K.N vs Canara Bank
2024 Latest Caselaw 26567 Ker

Kerala High Court

Chandran K.N vs Canara Bank on 5 September, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                      WP(C) NO. 30583 OF 2024

PETITIONER/S:
           CHANDRAN K.N
           AGED 56 YEARS
           S/O. NARAYANA GUPTHAN, KUNDUKANDATHIL HOUSE,
           VELLINEZHI, THIRUVAZHIYODE, OTTAPPALAM PALAKKAD.,
           PIN - 679514


          BY ADVS.
          VISHNU BHUVANENDRAN
          B.ANUSREE
          ABHILASH C.V.
          VARUN JACOB
          MYZA ALAN JOSE


RESPONDENT/S:
     1     CANARA BANK, VELLINEZHI BRANCH, MAIN ROAD, ADAKAPUTHUR
           JUNCTION, POST KULAKKAD, VELLINEZHI, THIRUVAZHIYODE,
           PALAKKAD. REPRESENTED BY ITS AUTHORIZED OFFICER.,
           PIN - 679551

    2     DISTRICT COLLECTOR
          PALAKKAD DISTRICT COLLECTORATE, KENATHUPARAMBU,
          KUNATHURMEDU, PALAKKAD., PIN - 678013

    3     DEPUTY TAHSILDAR,
          OTTAPALAM TALUK OFFICE, TALUK OFFICE COMPLEX RAILWAY
          STATION ROAD, OTTAPALAM, PALAKKAD., PIN - 679101


          BY ADVS.

          VISHNU BHUVANENDRAN
          B.ANUSREE
          ABHILASH C.V
          VARUN JACOB
          MYZA ALAN JOSE
 WP(C) NO. 30583 OF 2024



                                      2

OTHER PRESENT:

             SC M. GOPIKRISHNAN NAMBIAR.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.09.2024,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 30583 OF 2024



                                       3


                    HARISANKAR V. MENON, J

                    W.P.(C) No. 30583 of 2024
                                th
             Dated this the 5        day of September, 2024

                              JUDGMENT

The petitioner had availed an agricultural loan from

the first respondent-Bank in the year 2019. Some payments

were also effected to the said loan account. However,

subsequent payments were defaulted and Ext.P2 demand

notice was issued by the third respondent at the instance of

the first respondent-Bank for realisation of dues as per the

loan account.

2. Sri.Vishnu Bhuvanendran, the learned

counsel appearing for the petitioner, would submit that it is

only on account of the extra ordinary reasons, since the

petitioner was laid up and undergoing treatment at RCC,

Thiruvananthapuram, the payments could not be effected. He

points out that the petitioner is ready and willing to clear

the arrears in reasonable installments within a period of

eight months.

WP(C) NO. 30583 OF 2024

3. The learned standing counsel for the first

respondent, would point out that taking into consideration,

the circumstances pointed out by the petitioner, six months

can be extended to the petitioner for clearing the arrears.

4. I have considered the rival submissions as well

as the connected records.

5. In view of the extra ordinary circumstances

pointed out, this writ petition stands disposed of as under:

(i) The petitioner would be permitted to clear the

arrears demanded in Ext.P1 and Ext.P2 within a period of

seven months from today.

(ii) Further proceedings pursuant to Ext.P1 and

Ext.P2 would remain stayed in the above circumstances.

sd/-

HARISANKAR V. MENON, JUDGE

R.AV WP(C) NO. 30583 OF 2024

APPENDIX OF WP(C) 30583/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 06.07.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 09.07.2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.