Allowed

Abdul Azeez P.H. v. Kunnathunadu Taluk Primary Cooperative Agricultural and

Kerala HC8 Feb 2018WP(C)/887/2018

Case brief

AI extract

What is this about?

This writ petition challenged demand notices from a bank regarding loan defaults. The court directed the bank to allow repayment of total overdues in six equal monthly instalments, staying recovery proceedings pending punctual payments.

What did the court decide?

Petitioner to pay total overdues of ₹2,44,234/- plus future interest in six equal monthly instalments; recovery proceedings to be stayed pending punctual payments.

Abdul Azeez P.H. Vs Kunnathunadu Taluk Primary… — Service and Employment | 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 ANIL K.NARENDRAN

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THURSDAY, THE 8TH DAY OF FEBRUARY 2018 / 19TH MAGHA, 1939

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WP(C).No. 887 of 2018

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---------------------

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PETITIONERS :

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ABDUL AZEEZ P.H., AGED 49 YEARS, S/O.HASSAN, PIRAMBILLYKUDY HOUSE, CHELAKKULAM, VENGOLA P.O.-683556.

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BY ADVS.SRI.SANIL JOSE SRI.NIXON PAUL

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RESPONDENTS :

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KUNNATHUNADU TALUK PRIMARY COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.E 982 PERUMBAVOOR P.O., ERNAKULAM DISTRICT-683542, REPRESENTED BY ITS SECRETARY.

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BY ADV. SRI.SIRAJ KAROLY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 887 of 2018 (I)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1 TRUE PHOTOCOPY OF THE DEMAND NOTICE DATED 25-10-2017 ISSUED BY THE RESPONDENT BANK.

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RESPONDENT'S EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

ANIL K. NARENDRAN, J.

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W.P(C) No.887 of 2018

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Dated this the 8^th day of February, 2018

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J U D G M E N T

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The petitioner, who availed seven loans for a total sum of ₹15 lakhs from the respondent Bank for agricultural and other purposes by mortgaging the property of his wife, is before this Court in this writ petition filed under Section 226 of the Constitution of India seeking a writ of mandamus commanding the respondent to allow him to regularise the loan account by payment of overdue amount in 12 equal monthly instalments along with regular instalments. The document marked as Ext.P1 is a demand notice dated 25.10.2017 issued by the respondent Bank.

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On 10.1.2018 when this writ petition came up for admission, this Court issued urgent notice on admission by speed post to respondent. This Court has also granted an interim stay of recovery proceedings pursuant to Ext.P1 for a period of one month, on condition that the petitioner deposits a sum of 20,000/- with the respondent Bank within a period of₹ two weeks.

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W.P(C) No.887 of 2018 :2:

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Heard the learned counsel for the petitioner and also the learned counsel for the respondent Bank.

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The learned counsel for the petitioner would submit that in terms of the interim order of this Court dated 10.1.2018 the petitioner has already deposited ₹20,000/- with the respondent Bank and that, for clearing the balance amount overdue in respect of loan transactions in question, the petitioner requires a reasonable time.

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The learned counsel for the respondent Bank, on instruction would submit that the total overdues in respect of the loan transactions in question comes to 2,44,234/- and that₹ the respondent Bank has no objection in granting a reasonable opportunity to the petitioner for clearing the overdue amount in monthly instalments.

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Having considered the submission made by the learned counsel on both sides, this writ petition is disposed of with the following directions:

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i) The petitioner shall pay off the entire overdues in respect of the seven loan transactions in question amounting to

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W.P(C) No.887 of 2018 :3:

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₹2,44,234/- together with future interest, in ' six' equal monthly instalments commencing from 26.2.2018 and the subsequent instalments payable on or before 26^th day of the succeeding months. Along with the said instalments, the petitioner shall also pay the regular monthly instalments.

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ii) If the petitioner is remitting the aforesaid instalments in time, without default, all the recovery proceedings pursuant to Ext.P1 shall be kept in abeyance, so as to enable the petitioner to pay off the entire amount in monthly instalments, as above.

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iii) In case of any default committed by the petitioner in remitting any one of the aforesaid instalments, it would be open to the respondent Bank to proceed further with the recovery steps, in accordance with law.

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ANIL K. NARENDRAN JUDGE

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Abdul Azeez P.H. v. Kunnathunadu Taluk Primary Cooperative Agricultural and

Case brief

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Abdul Azeez P.H. v. Kunnathunadu Taluk Primary Cooperative Agricultural and

Case brief

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What did the court decide?

What the court decided

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