The High Court directed the respondent bank to regularise the petitioners' loan account by accepting repayment of the overdue amount in 15 instalments and staying all coercive proceedings.
Directed the bank to accept repayment of Rs.5,28,461/- in 15 installments, regularize the account, and keep coercive proceedings in abeyance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 7TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943
WP(C) NO. 136 OF 2022
PETITIONERS:
1 ANOOP K.K., AGED 38 YEARS S/O. WASHINGTON K, KOTTAKKALLIL HOUSE, SASTHRI NAGAR, THOLAMBRA (P.O.), PERAVOOR, KANNUR 670 673. 2 WASHINGTON K.K., AGED 70 YEARS S/O. KARUNAKARAN, KOTTAKKALLIL HOUSE, SASTHRI NAGAR, THOLAMBRA (P.O) PERAVOOR , KANNUR 670 673. BY ADVS. K.V.ANIL KUMAR SWAPNA VIJAYAN
RESPONDENTS:
1 THE AUTHORISED OFFICER, (KANNUR DISTRICT CO-OPERATIVE BANK), MATTANNUR BRANCH, OPPO. POLICE STATION, MATTANNUR (P.O.) KANNUR 670 702. 2 THE AUTHORIZED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LTD., KANNUR REGIONAL OFFICE, KANNUR 670 001. BY ADV M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 136 OF 2022
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BECHU KURIAN THOMAS, J.
W.P.(C) No.136 of 2022
Dated this the 7th day of January, 2022
JUDGMENT
Petitioners as borrowers from the respondent bank, have committed default in repayment. Consequently, proceedings have been initiated by the bank for recovery of the amounts due.
accept repayment of the overdue amount in limited instalments and regularise the loan account.
WP(C) NO. 136 OF 2022
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for the petitioners as well as Sri.M.Sasindran, the learned Standing Counsel for the respondents.
WP(C) NO. 136 OF 2022
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The writ petition is disposed of as above.
BECHU KURIAN THOMAS
JUDGE
AJM
WP(C) NO. 136 OF 2022
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APPENDIX OF WP(C) 136/2022
PETITIONER’S EXHIBITS :
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 27.11.2020 ISSUED BY THE 2ND RESPONDENT BANK.
RESPONDENT’S EXHIBITS : NIL
AJM //TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the loan account of defaulting borrowers should be regularised by accepting repayment of the overdue amount in instalments while staying coercive proceedings.
Anoop K.K., Washington K.K.
The Authorised Officer, Kannur District Co-operative Bank, The Authorised Officer, Kerala State Co-operative Bank Ltd.
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
