Disposed

Yesudas P.P, v. Kerala Bank

Kerala HC7 Apr 2021WP(C)/2402/2021

Case brief

AI extract

What is this about?

In this writ petition regarding a defaulted bank loan, the court directed the petitioner to repay the overdue amount in ten equal monthly installments, with the proviso that further defaults would forfeit this option and lead to full recovery. The petition was disposed of accordingly.

What did the court decide?

Directing the repayment of the overdue loan amount in ten equal monthly installments, with forfeited relief upon consecutive defaults.

Yesudas P.P, Vs Kerala Bank — Contract and Commercial Disputes | Kerala HC (2021)

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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 SUNIL THOMAS

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WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

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WP(C).No.2402 OF 2021(A)

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PETITIONER:

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YESUDAS P.P, AGED 53 YEARS S/O. P.J. PATHROSE, PATTAKUNNEL HOUSE, KALAMBOOR P.O, ERNAKULAM DISTRICT-686 664

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BY ADVS. SRI.VIJU ABRAHAM SRI.ALBERT V.JOHN SMT.ROSHNI MANUEL SMT.VARNA MANOJ

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RESPONDENTS:

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KERALA BANK (FORMERLY KERALA STATE CO OPERATIVE BANK), PIRAVOM BRANCH, ST. MICHAEL TOWER, OPPOSITE PRIVATE BUS STAND, PIRAVOM P.O-686 664, REPRESENTED BY ITS BRANCH MANAGER.

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R1 BY ADV. SRI.N.RAGHURAJ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2402 OF 2021(A)

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JUDGMENT

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Dated this the 7th day of April 2021

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The petitioner had availed a loan from the respondent Co-operative bank. The petitioner claims that due to financial difficulties he could not repay the amount in installments and it fell due. Consequently, Ext.P5 notice was issued to him calling upon him to pay the money and to avail the benefit of Navakeraleeyam Scheme 2020. The petitioner has approached this Court seeking relief.

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When the matter was taken up, the learned Standing Counsel for the respondent Co-operative bank

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suggested two options for repayment. The petitioner seems to be not interested in availing both the options, pleading financial difficulties as a reason. It was submitted by the learned Standing Counsel for the respondent bank that the overdue amount is Rs.3,25,895/- (Rupees Three lakh twenty five thousand eight hundred ninety five only) as on 21.02.2021.

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WP(C).No.2402 OF 2021(A)

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Accordingly, I am inclined to dispose of the writ petition by directing that the overdue amount shall be repaid in ten equal monthly installments commencing from 03.05.2021 and shall be continued to be paid as above, till the entire overdue amount is wiped off without default on or before the third of every succeeding month. The petitioner shall also remit the monthly installments payable regarding the balance amount due also. If two defaults are committed consecutively or other wise, the above option will be lost and the bank will be entitled to recover the entire money in accordance with the due process of law.

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The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

SKP/7-4

WP(C).No.2402 OF 2021(A)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE CASE SUMMARY AND CARDIAC CATHERIZATION REPORT DATED NIL. EXHIBIT P2 TRUE COPY OF THE DISCHARGE CARD DATED 20.05.2015. EXHIBIT P3 TRUE COPY OF THE CASUALITY REFERRAL RECORDS DATED 01.06.2020. EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 17.02.2020 ISSUED BY THE RESPONDENT. EXHIBIT P5 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE RESPONDENT.

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RESPONDENT'S EXHIBITS:NIL

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TRUE COPY P.A. TO JUDGE

Yesudas P.P, v. Kerala Bank

Case brief

What is this about?

What did the court decide?

Yesudas P.P, v. Kerala Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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