Kerala High Court
Kamala vs The Manager on 13 September, 2024
2024:KER:70009
WP(C) NO. 32631 OF 2024 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 32631 OF 2024
PETITIONER/S:
KAMALA,
AGED 65 YEARS
W/O.RAVEENDRAN, KUNNINPURATHU PUTHEN VEEDU,
KARAMCODE P.O, THATTARKONAM, KALLUVATHUKKAL,
KOLLAM, PIN - 691579
BY ADVS.
PRATHEESH.P
ANJANA KANNATH
MARIYA JOSE
RESPONDENT/S:
1 THE MANAGER,
QUILON CO-OPERATIVE URBAN BANK LTD., 960, KUNDARA
BRANCH, BUILDING NO. 4/988, PUNNAMUKKU, KUNDARA P
O,KOLLAM -, PIN - 691501
2 THE AUTHORIZED OFFICER,
QUILON CO-OPERATIVE URBAN BANK LTD., 960, YMCA
ROAD, CHINNAKKADA, KOLLAM -, PIN - 691001
OTHER PRESENT:
SC SRI. RENU D.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:70009
WP(C) NO. 32631 OF 2024 -2-
JUDGMENT
(Dated this the 13th day of September 2024)
The son of the petitioner had availed a financial
assistance of Rs.18,00,000/- from the 1 st respondent-Bank. The
property of the petitioner was mortgaged by deposit of a title
deed by way of the security for the due re-payment of loan
amount. The payment of the EMI was defaulted in the year
2024. The respondents had declared the loan account as NPA.
2. Ext.P1 notice was issued by the Advocate
Commissioner informing that the physical possession of the
property will be taken on 24.09.2024. The petitioner thereafter
requested the Bank for reasonable time to clear the outstanding
arrears so as to regularize the loan. But the Bank was not ready
to grant the same.
3. The Standing counsel for the respondent-Bank
submits that the overdue amount as of today is Rs. 4,75,647/-.
2024:KER:70009
4. The counsel for the petitioner seeks indulgence
of this court to grant 10 installments to wipe off the overdue
amount.
5. Having heard the counsel appearing for the
petitioner as well as Standing counsel appearing for the
respondents, I deem it appropriate to dispose of the writ petition
as follows:
(i) The petitioner shall pay the overdue amount in eight equal
monthly installments along with regular installments.
(ii) The first installment is to be paid on or before 15.10.2024,
and the remaining 7 installments on or before the 15 th
day of each succeeding month, along with regular
installments.
(iii) After making payment of the entire overdue amount along
with regular installments, the petitioner shall continue to
pay the regular installments till the entire loan liability is
discharged.
2024:KER:70009
(iv) In case of failure to make payment of the installments as
directed above, the Bank shall be free to take possession
of the secured assets. The Bank shall proceed against the
petitioner in accordance with law to realize its dues.
(v) Till such time, all coercive proceedings against the secured
assets shall be deferred.
Sd/-
BASANT BALAJI
JUDGE
JS
2024:KER:70009
APPENDIX OF WP(C) 32631/2024
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER IN M.C NO.646/2024
DATED 6.9.2024 ON THE FILE OF CJM COURT,
KOLLAM ALONG WITH READABLE COPY
