Allowed

Mayadevi. K v. the Alleppey Urban Co-Operative Bank Ltd. NO.A-67

Kerala HC11 Dec 2023WP(C)/29440/2022

Case brief

AI extract

What is this about?

Petitioner, a borrower, filed a writ petition to quash bank communications and seek time for paying loan arrears after remitting ₹1,00,000/- per court direction. The court granted liberty to apply the bank formally for regularization.

What did the court decide?

Petitioner is granted liberty to approach the Bank for regularization of the loan account with a formal application; the writ petition is disposed of.

Mayadevi. K Vs the Alleppey Urban Co-Operative Bank Ltd… — Banking and Recovery | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

MONDAY, THE 11TH DAY OF DECEMBER 2023 / 20TH AGRAHAYANA, 1945
WP(C) NO. 29440 OF 2022

¶5

PETITIONER:

¶6

MAYADEVI. K
AGED 54 YEARS
W/O. LATE MURUGAN, VELAN HOUSE,
THOOKUKULAM WARD, SANATHANAPURAM,
VADACKAL P.O, ALAPPUZHA – 688003.

¶7

BY ADVS.
S.SHANAVAS KHAN
S.INDU

¶8

RESPONDENTS:

¶9

1 THE ALLEPPEY URBAN CO-OPERATIVE BANK LTD. NO.A-67 PITCHU IYER JUNCTION, CULLEN ROAD, ALAPPUZHA, 699011 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

¶10

2 THE CHIEF EXECUTIVE OFFICER,

¶11

THE ALLEPPEY URBAN CO-OPERATIVE BANK LTD, NO. A-67,
PITCHU IYER JUNCTION, CULLEN ROAD,
ALAPPUZHA – 688011.

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

WP(C) No.29440 of 2022

¶14

¶15

JUDGMENT

¶16

Dated this the 11^th day of December, 2023

¶17

The petitioner approached this Court seeking to quash Exts.P4 and P5 and to direct the respondents to grant sufficient time to the petitioner to pay off the outstanding arrears of loan amount in installments.

¶18

Pursuant to the direction of this Court, the petitioner has remitted 1,00,000/-. The petitioner submits that by such₹ remittance, the outstanding overdue amounts have been cleared and the petitioner is now only liable to continue to pay the equated monthly installments.

¶19

Taking into consideration the fact that the petitioner has remitted ₹1,00,000/- as directed by this Court, the petitioner is granted liberty to approach the Bank for regularisation of the loan account with a formal application. If the petitioner makes such application, the Bank will take

¶20

WP(C) No.29440 of 2022

¶21

¶22

appropriate decision in accordance with law.

¶23

The writ petition is disposed of as above.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) No.29440 of 2022

¶29

¶30

APPENDIX OF WP(C) 29440/2022

¶31

PETITIONER EXHIBITS

¶32

Exhibit P1TRUE COPY OF THE LOAN PASS BOOK IN
RESPECT OF LOAN ACCOUNT NO. 011
AVAILED BY THE PETITIONER.
Exhibit P2TRUE COPY OF THE LOAN PASS BOOK IN
RESPECT OF LOAN ACCOUNT NO. 219
AVAILED BY THE PETITIONER.
Exhibit P3TRUE COPY OF THE DETAILS OF REPAYMENT
MADE BY THE PETITIONER FROM 10.06.2019
TO 10.08.2022.
Exhibit P4TRUE COPY OF THE COMMUNICATION DATED
26.07.2021 ISSUED BY THE SECOND
RESPONDENT.
Exhibit P5TRUE COPY OF THE COMMUNICATION DATED
03.09.2021 ISSUED BY THE SECOND
RESPONDENT.

Mayadevi. K v. the Alleppey Urban Co-Operative Bank Ltd. NO.A-67

Case brief

What is this about?

What did the court decide?

Mayadevi. K v. the Alleppey Urban Co-Operative Bank Ltd. NO.A-67

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Manoj K.M. Vs State Bank of India

Dr. N.K. Viswanathan Vs Sugadhakumar

Vijayan.M.S Vs Ms. D Dharmalashri, IAS

Babu Vs Esaf Small Finance Bank

Naveen Mathew Philip Vs M/S. South Indian Bank Ltd., Represented by Its Chairman & Managing Director

Manoj Kunju Kunju, Vs the State of Kerala