Allowed

Shukoor.P.a v. Kerala State Co-Operative Bank Ltd.

Kerala HC9 Feb 2023WP(C)/3178/2023

Case brief

AI extract

What is this about?

The Court directed the petitioner to clear an overdue loan of Rs.13,46,507/- via 15 equal monthly instalments. Upon full clearance, the loan account would be regularized. Any default in payment would permit the bank to resume coercive recovery steps. Existing recovery actions are kept in abeyance.

What did the court decide?

Petitioner directed to pay overdue amount of Rs.13,46,507/- in 15 equal monthly instalments; loan account to be regularized upon full payment; coercive recovery actions stayed pending.

Shukoor.P.a Vs Kerala State Co-Operative Bank Ltd. — Money Laundering | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE T.R.RAVI

¶4

THURSDAY, THE 9^TH DAY OF FEBRUARY 2023 / 20TH MAGHA, 1944

¶5

WP(C) NO. 3178 OF 2023

¶6

PETITIONER:

¶7

SHUKOOR.P.A AGED 43 YEARS S/O ABDULLA KUTTY, PALLIKKALAKATH HOUSE, ERIYAD.P.O., KODUNGALLUR, THRISSUR, PIN - 680666

¶8

BY ADVS. T.S.ABDUL KHADER SHAHIM BIN AZIZ

¶9

RESPONDENT:

¶10

KERALA STATE CO-OPERATIVE BANK LTD

¶11

ERIYAD BRANCH, REPRESENTED BY AUTHORIZED OFFICER OF THE HEAD OFFICE KOVILAKATHUPADAM, ERIYAD P.O, THRISSUR, PIN - 680666

¶12

SRI.P.C.SASIDHARAN, SC

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C) NO. 3178 OF 2023 2

¶15

T.R. RAVI, J.

¶16

-------------------------------------------- W.P.(C).No.3178 of 2023

¶17

Dated this the 9^th day of February, 2023

¶18

JUDGMENT

¶19

The prayer in the writ petition is to permit the petitioner to pay off the overdue amounts in the loan account availed from the respondent in easy instalments and to regularise the loan account. The Standing Counsel on instructions submits that the overdue amount is Rs.13,46,507/-.

¶20

In the above circumstances, the writ petition is disposed of directing the petitioner to pay off the overdue amount of Rs.13,46,507/- in 15 equal monthly instalments, the first instalment falling due on or before 09.03.2023 and the subsequent instalments falling due on or before the 9^th day of the succeeding months. The petitioner shall also pay the regular monthly instalments along with the instalments towards the overdue amount as stated above. If the petitioner pays the entire overdue amount, the respondent shall regularise the loan account. If the petitioner makes a single default in the payment of instalments, the respondent will be at liberty to continue with coercive steps for recovery. The coercive steps initiated

¶21

WP(C) NO. 3178 OF 2023 3

¶22

shall be kept in abeyance to facilitate the payment of instalments as

directed above.

Sd/-

T.R.RAVI JUDGE

LEK

WP(C) NO. 3178 OF 2023 4

¶28

APPENDIX OF WP(C) 3178/2023

¶29

PETITIONER ANNEXURES

¶30

Annexure-A1	TRUE COPY OF THE ADVOCATE COMMISSIONER'S NOTICE DATED 13/01/2023
Annexure-A2	TRUE COPY OF THE LOAN ACCOUNT STATEMENT OF THE PETITIONER FROM 1ST MARCH 2022 TO 23RD DECEMBER 2022
Annexure-A3 series	REMITTANCE RECEIPTS FROM 26/12/2022 TO 23/01/2023

Shukoor.P.a v. Kerala State Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

Shukoor.P.a v. Kerala State Co-Operative Bank Ltd.

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

Jacob Varghese Vs Authorised Officer

Malabar Harware Vs Assistant Commissioner of State Tax

Seena Gopal Vs 1) the Kottayam Co-Operative Urban Bank Ltd.

Liji Jobi Vs Hdb Financial Service Ltd.

Firozkhan P.a., Vs Indian Overseas Bank

Nishamol P.M Vs the Catholic Syrian Bank