Disposed

Baiju K.P. v. the Branch Manager, Kozhikode District Co-Operative Bank

Kerala HC14 Jan 2020WP(C)/172/2020

Case brief

AI extract

What is this about?

High Court of Kerala issued directions to a cooperative bank to furnish a clear account statement and allow the petitioner to clear dues in five instalments. Upon compliance, bank proceedings are kept in abeyance.

What did the court decide?

Bank to furnish account statement; petitioner to clear dues in five instalments; bank proceedings in abeyance upon compliance.

Baiju K.P. Vs the Branch Manager, Kozhikode District… — Banking and Recovery | Kerala HC (2020)

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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 ALEXANDER THOMAS

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TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941

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WP(C).No.172 OF 2020(V)

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PETITIONER:

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BAIJU K.P. AGED 43 YEARS S/O.VASU.K.P., MOTTUMMAL HOUSE, PANTHIRANKAVU P.O., KOZHIKODE TALUK, KOZHIKODE DISTRICT.

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

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RESPONDENTS:

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1 THE BRANCH MANAGER, KOZHIKODE DISTRICT CO-OPERATIVE BANK, PANTHIRANKAVU BRANCH, KOZHIKODE-673 508.

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2 THE AUTHORIZED OFFICER, KOZHIKODE DISTRICT CO-OPERATIVE BANK, KALLAYI ROAD, P.O.CHALAPPURAM, KOZHIKODE-673 002.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C). No. 172 of 2020

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ALEXANDER THOMAS, J.

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W.P(C). No. 172 of 2020

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Dated this the 14^th day of January, 2020

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JUDGMENT

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The prayers in the above Writ Petition (Civil) are as follows:-

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i) Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the respondents 1 and 2 not to proceed any further under Ext.P1 possession notice dated 08-11-2018.

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ii) Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing the respondents to consider the Ext.P2 representation and may be regularized the loan account by paying the overdue amount in 12 equal monthly instalments.

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iii) Issue other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.

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2. Heard Smt.M.R.Reena, learned counsel appearing

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appearing for the petitioner and Sri.P.C.Sasidharan, learned Standing Counsel for Kozhikode District Co-operative Bank appearing for the respondents.

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Sri.P.C.Sasidharan, learned Standing Counsel for the respondent bank would submit on the basis of the instructions of his parties that as on 10-01-2020 the overdues to be claimed by the petitioner in the instant loan transaction for regularisation of loan

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W.P(C). No. 172 of 2020

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account is Rs.3,53,753/- and that the respondent bank is willing to give reasonable time to petitioner to clear such overdues in five equal monthly instalments starting from 31-01-2020 and ending on 31-05-2020 and also the petitioner shall pay all the applicable charges and interests thereon and should also pay the regular EMI instalments in time. That in case the petitioner complies with the abovesaid directions, then the respondent bank is prepared to consider the regularisation of the loan account and further that until then, the respondent bank will keep in abeyance further steps pursuant to the impugned proceedings. Further that, in case the petitioner does not complies with any one of the abovesaid conditions, then the respondent bank would immediately take necessary steps to proceed further with the impugned proceedings from the stage where it has stopped.

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Accordingly, the following directions and orders are issued:

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(i) The competent official of the respondent bank shall immediately furnish a comprehensive and authenticated statement of accounts pertaining to the instant loan transaction so as to precisely and clearly show the total dues to be paid by the borrower in the above transaction and the details may also be shown in the said statement, as to how the said figures have been arrived at, to the

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W.P(C). No. 172 of 2020

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petitioner and this may be done within one week.

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(ii) The petitioner shall clear the entire due amounts with all applicable charges and interest in 5 equal monthly instalments starting on 31-01-2020 and ending on 31-05-2020. Every instalment shall be paid on or before last day of the respective months. Until then, further steps pursuant to the impugned proceedings shall be kept in abeyance. Further that the petitioner shall pay the regular EMI in time without fail.

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(iii) In case the petitioner complies with the abovesaid directions, then the impugned proceedings shall be kept in abeyance. Further in case the petitioner does not pay any of the instalments, then the respondent bank will be at liberty to proceed further with the impugned steps from the stage where it has stopped.

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With these observations and directions, the Writ Petition (Civil) stands finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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KAS

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W.P(C). No. 172 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE POSSESSION NOTICE DATED 08.11.2018.

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EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 27.12.2019 SENT BY THE PETITIONER.

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RESPONDENT'S/S EXHIBITS: NIL

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//TRUE COPY// PA TO JUDGE

Baiju K.P. v. the Branch Manager, Kozhikode District Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Baiju K.P. v. the Branch Manager, Kozhikode District Co-Operative Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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