Radhakrishnan vs The Kerala State Co-Op Bank Ltd
2025 Latest Caselaw 1897 Ker

Kerala High Court

Radhakrishnan vs The Kerala State Co-Op Bank Ltd on 3 January, 2025

                                                             2025:KER:63
WP(C) NO. 46736 OF 2024                 1


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

             THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

     FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946

                      WP(C) NO. 46736 OF 2024

PETITIONER:

             RADHAKRISHNAN
             AGED 49 YEARS
             S/O VELAYUDHAN, POOKATTIL HOUSE, CHIRAKKAKODE,
             MADAKKATHARA, THRISSUR TALUK, THRISSUR DT, PIN -
             680651


             BY ADVS.
             M.R.REENA
             P.S.SUJETH




RESPONDENT:

             THE KERALA STATE CO-OP BANK LTD
             MANNUTHI BR , THRISSUR DT, REP BY ITS AUTHORIZED
             OFFICER ,SAHAKARANA SADAPTHI MANDIRAM TUDA ROAD ,
             KOVILAKATHUPADAM P.O ,THRIVAMBADI P.O, THRISSUR DT,
             PIN - 680022



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.01.2025,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                              2025:KER:63
WP(C) NO. 46736 OF 2024              2




                              JUDGMENT

It is the grievance of the petitioner that his property

is liable to be proceeded against by the respondent- Bank

and that the same is liable to be taken possession of

tomorrow (04.01.2025) for the default committed by the

petitioner in the loan accounts. There are two loan

accounts totaling to Rs.28.5 lakhs.

2. The learned counsel for the respondent would submit

that more than Rs.3,00,000/- is due towards arrears in

the said loan account.

3. This Court is inclined to grant an order to the

petitioner, so as to prevent the taking of possession, on

condition that the petitioner pays the said amount of

Rs.3,00,000/-, which is in arrears as of now.

4. In the circumstances, this Writ Petition is allowed

directing the petitioner to pay a sum of Rs.1,50,000/-

within a period of ten days from today; and to pay a

further sum of Rs.1,50,000/- within a period of one month 2025:KER:63

from today. The taking of possession which is scheduled

tomorrow (04.01.2025) will stand deferred for a period of

ten days. If the 1st instalment of the payment as afore-

directed is made within the stipulated time, the taking

of possession will stand deferred to a further period of

one month from today. If the payment of the 1 st

instalment as directed above is not made, it will be open

for the respondent- Bank to proceed against the

petitioner's property in accordance with law. If both the

instalments are paid as indicated above, the respondent-

Bank will consider regularising the loan account, so as

to enable the petitioner to pay the remaining amount in

instalments.

This writ petition is disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE SVP 2025:KER:63

APPENDIX OF WP(C) 46736/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTICE OF THE ADVOCATE COMMISSIONER DATED 24-4-2024

Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 19-06- 2024IN WPC 21895/2024 OF THE HON'BLE COURT

Exhibit P3 A TRUE COPY OF THE PASSBOOK DETAILS OF THE PETITIONER

Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 24-12-2024 SENT BY THE PETITIONER