Kerala High Court
Lal M.P vs Authorized Officer on 25 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 33581 OF 2024
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2024:KER:71321
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 33581 OF 2024
PETITIONER/S:
LAL M.P,
AGED 48 YEARS
S/O PURUSHOTHAMAN, MUKKATHU HOUSE, PANDIT KURUPPAN ROAD,
THEVARA P.O, ERNAKULAM,, PIN - 682013
BY ADV RENNY AUGUSTINE
RESPONDENT/S:
AUTHORIZED OFFICER,
PEOPLE'S URBAN CO-OPERATIVE BANK LIMITED, HEAD OFFICE,
TRIPUNITHURA, ERNAKULUM,, PIN - 682301
OTHER PRESENT:
SRI. DEVAPRASANTH P.J.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The present writ petition has been filed seeking the following
reliefs:
"i) issue a writ of mandamus or any other appropriate writ, order,
or direction directing the respondent to restrain from taking
physical possession of the property mentioned in Exhibit P4.
ii) issue a writ of mandamus or any other appropriate writ, order, or
direction directing the respondent to allow the petitioner to remit
the outstanding EMI dues in equal installments and reschedule the
future EMI.
iii) pass such other orders as this Hon'ble court deems fit and proper
in the facts and circumstances of the case.
iv) petitioner also prays that this Hon'ble court may be pleased to
dispense with the translation of the document produced in
vernacular language."
2. This is the second writ petition, inasmuch as the first
writ petition W.P.(C) No.9451/2023 was disposed of by this Court
vide judgment dated 04.04.2023 in the following terms:
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"i) The petitioner shall pay the overdue amount of Rs.3,35,435/- in
twelve equal monthly instalments, the first instalment becoming
payable on or before 04.05.2023 and the subsequent instalments
payable on or before the 04th day of the succeeding months. If the
petitioner pays the entire instalments as directed above, the
respondent shall regularise the loan account;
ii) The petitioner shall continue to pay the regular instalments along
with the instalments as directed above;
iii) If the petitioner makes two defaults in the payment of the
instalments as directed above, the respondent will be at liberty to
continue with the proceedings for recovery;
iv) Coercive steps for recovery shall be kept in abeyance for
facilitating the payments by instalments as directed above."
2. Learned Counsel for the Bank submits that as of today,
the overdue amount is Rs.2,34,696/-, and the outstanding amount
is Rs.6,70,455/-. If the petitioner pays the overdue amount
upfront, the petitioner's loan account shall be regularized for
repayment in terms of the loan agreement.
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3. Considering the said stand of the Bank, the present writ
petition, though not maintainable, is disposed of on the
concession of the Bank on the following terms:
(i) The petitioner shall pay the overdue amount of Rs.2,34,696/-
within a period of one month, i.e., on or before 24.10.2024.
(ii) If the petitioner makes the payment of the overdue amount
as directed above, the Bank shall regularize the loan account of
the petitioner for making the payment of the remaining
outstanding amount in terms of the loan agreement.
(iii) In case the petitioner fails to make payment of the overdue
amount of Rs.2,34,696/- as directed above, the Bank shall be free
to proceed further to realize its dues in accordance with the law.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
WP(C) NO. 33581 OF 2024
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APPENDIX OF WP(C) 33581/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE JUDGMENT DATED 4.4.2023 IN
Exhibit-P2 TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK IN
LOAN ACCOUNT NO.ML-6/20/PR DATED 4.9.2019
Exhibit-P2(a) TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P2
Exhibit-P3 TRUE COPY OF THE RELEVANT PAGES OF PASS BOOK IN
LOAN ACCOUNT NO.PSVL-1/20/PR DATED 11.3.2020
Exhibit-P3(a) TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P3
Exhibit-P4 TRUE COPY OF THE NOTICE DATED 11.9.2024 ISSUED BY
ADVOCATE COMMISSIONER IN M.C. NO.667/2024
