Allowed

Laila Philip v. Branch Manager, District Co.Op. Bank

Kerala HC5 Oct 2018WP(C)/27360/2018

Case brief

AI extract

What is this about?

The High Court rejected the petitioner's plea to compel the Bank to accept instalments under Article 226 but, accepting a Bank concession, directed the petitioner to pay dues in ten monthly instalments to regularise the loan account.

What did the court decide?

Petitioner directed to pay accumulated dues in ten equal monthly instalments starting from 05.11.2018; loan account to be regularised.

Laila Philip Vs Branch Manager, District Co.Op. Bank — Banking and Recovery | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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FRIDAY ,THE 05TH DAY OF OCTOBER 2018 / 13TH ASWINA, 1940

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WP(C).No. 27360 of 2018

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PETITIONER/S:

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LAILA PHILIP W/O. (LATE) PHILIP K.K. KALAYIL HOUSE, CHITTAR P.O., SEETHATHODU , PATHANAMTHITTA DISTRICT

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BY ADV. PIOUS JACOB

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RESPONDENT/S:

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1 BRANCH MANAGER, PATHANAMTHITTA DISTRICT CO.OP. BANK P.B.NO.45, PATHANAMTHITTA-689 645

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2 AUTHORISED OFFICER PATHANAMTHITTA DISTRICT, CO-OPERATIVE BANK, P.B.NO.45, PATHANAMTHITTA-689 645

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BY ADV. T.P.PRADEEP(SC) NO MEMO)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 27360 of 2018

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JUDGMENT

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Heard the learned counsel for the petitioner and

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the learned counsel for the respondent Bank, besides perusing the record.

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2. The petitioner, borrower from the respondent Bank, assailed the Exhibits. P1 and P2 notices.

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3. The petitioner's counsel has submitted that

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the petitioner, despite her best efforts, could not

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repay the loans because of her financial difficulties. The petitioner thus wants this Court to direct the respondent Bank to receive from the

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petitioner the outstanding loan amount in instalments.

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4. Before proceeding any more, I may observe

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that expansive as the Court's jurisdiction of Article 226 of the Constitution of India is; it does not, I am afraid, go to the extent of interdicting the contractual terms, especially in a financial transaction involving public money, and compelling the respondent Bank to agree for instalments.

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WP(C).No. 27360 of 2018

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5. But the delays and difficulties in coercive process of recovery well known, the Bank's counsel, on instructions, has submitted that the Bank is willing to regularise the loan account, by collecting the overdue amount in ten equal monthly instalments, along with regular instalments.

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6. So based on the Bank's concession, this Court disposes of the writ petition, directing the petitioner to pay the accumulated dues in ten equal monthly instalments, starting from 05.11.2018. The petitioner will, of course, continue to pay the regular instalments. If the petitioner pays the instalments as shown above, the Bank, as agreed, will regularise the petitioners' loan account.

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On the other hand, if the petitioners fail to pay any single instalment within the stipulated time, the respondent Bank can proceed without recourse to this Court.

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Sd/-

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DAMA SESHADRI NAIDU

JUDGE

SB/06.10.2018

WP(C).No. 27360 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 11.06.2018 ISSUED TO THE PETITIONER

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EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER

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// TRUE COPY //

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P.A TO JUDGE

Laila Philip v. Branch Manager, District Co.Op. Bank

Case brief

What is this about?

What did the court decide?

Laila Philip v. Branch Manager, District Co.Op. Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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