Kerala High Court
Shaniba vs Kerala State Co-Operative Bank Ltd on 23 March, 2023
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
WP(C) NO. 6165 OF 2023
PETITIONER
SHANIBA
AGED 38 YEARS, W/O MUSTHAFA, RESIDING AT
PARAPPOYIL HOUSE, CHELAKKADE P.O, PURAMERI,
KOZHIKODE DISTRICT -, PIN - 673506
BY ADVS.
MITHUN P.
KUMARADHAS J.P.
RESPONDENTS
1 KERALA STATE CO-OPERATIVE BANK LTD
REPRESENTED BY MANAGER, NADAPURAM BRANCH, KALLAI
ROAD,CALICUT-., PIN - 673662
2 THE AUTHORIZED OFFICER,
KERALA STATE CO-OPERATIVE BANK LTD, REPRESENTED BY
MANAGER, NADAPURAM BRANCH, KALLAI ROAD,CALICUT-.,
PIN - 673662
BY SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).6165/2023
2
T.R.RAVI, J.
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W.P.(C).6165 of 2023
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Dated : 23rd March, 2023
JUDGMENT
The petitioner has approached this Court seeking permission to wipe off the liabilities to the respondent Bank in instalments. The counsel for the respondent Bank submits that an amount of Rs.8,02,752/- is overdue.
In the above circumstances, the writ petition is disposed of directing the petitioner to pay the amounts overdue to the respondent Bank in 15 equal monthly instalments, along with regular instalments, the first instalment becoming payable on or before 23.4.2023 and the subsequent instalments becoming payable on or before 23rd of the succeeding months. After receiving the entire overdue amounts, the respondent shall regularise the loan account. If the petitioner makes two defaults in the payment of instalments as directed above, the respondent Bank will be at liberty to continue with the proceedings for recovery. Coercive steps for recovery shall be kept in abeyance for facilitating the payments by instalments as directed above.
Sd/-
T.R.RAVI, Judge Mrcs WP(C).6165/2023 3 APPENDIX OF WP(C) 6165/2023 PETITIONER EXHIBIT Exhibit P1 THE TRUE COPY OF THE NOTICE FOR SALE ISSUED BY THE RESPONDENT BANK UNDER SECTION 13 OF THE SARFAESI ACT RULE 8(5)(A) OF THE SARFAESI RULES DATED 17.01.2023