This writ petition was disposed of by permitting the petitioners to pay off the overdue bank amount in 15 equal monthly instalments, with recovery steps kept in abeyance.
Permission granted to pay off the overdue bank amount of ₹5,19,866/- in 15 equal monthly instalments, vesting recovery actions.
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 T.R.RAVI
THURSDAY, THE 2ND DAY OF MARCH 2023 / 11TH PHALGUNA, 1944
WP(C) NO. 3509 OF 2023
PETITIONERS:
1 JALAJAKSHY AGED 66 YEARS, D/O RAMAKRISHNA ACHARI, R/AT KOTTATHALA HOUSE, KARADKA VILLAGE, MAVVAR POST, KASARAGOD TALUK AND DISTRICT, PIN - 671123 2 K. INDIRA D/O RAMAKRISHNA ACHARI, R/AT KOTTATHALA HOUSE, KARADKA VILLAGE, MAVVAR POST, KASARAGOD TALUK AND DISTRICT, PIN - 671123 3 BHOODEVI D/O RAMAKRISHNA ACHARI, R/AT KOTTATHALA HOUSE, KARADKA VILLAGE, MAVVAR POST, KASARAGOD TALUK AND DISTRICT, PIN - 671123 BY ADVS. KODOTH SREEDHARAN CHACKOCHEN VITHAYATHIL JOE PAUL MAMPILLY ANTO J. ALAPPATT
RESPONDENTS:
THE KASARAGOD CO-OPERATIVE TOWN BANK LTD. NO.970 HEAD OFFICE, PANDURANGA TEMPLE ROAD, KASARAGOD-671 121. REPRESENTED BY ITS ASSISTANT GENERAL MANAGER AND AUTHORIZED OFFICER SRI.UNNIKRISHNAN, AGED 55 YEARS, S/O LATE M. GOPALAN, PIN - 671121 SRI. KODOTH PUSHPARAJAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3509 OF 2023
2
T.R. RAVI, J.
W. P. (C). No.3509 of 2023
Dated this the 2nd day of March, 2023
JUDGMENT
The petitioners have approached this Court seeking permission
to pay off the amounts due to the respondent Bank in easy instalments. The counsel for the respondent on instructions submits that the overdue amount comes to ₹5,19,866/-.
In the above circumstances, this writ petition is disposed of permitting the petitioners to pay off the amounts due in 15 equal monthly instalments, the 1 st instalment falling due on or before 30.03.2023 and the subsequent instalments falling due on or before the 30 th of the succeeding months. The petitioners shall pay the regular monthly instalments along with the instalments towards the overdue amounts. If the petitioners make a single default in payment of instalments, the respondent is at liberty to proceed with the
recovery. Steps for recovery shall be kept in abeyance to facilitate the payment of instalment.
Sd/-
T.R. RAVI JUDGE
Pn
WP(C) NO. 3509 OF 2023
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APPENDIX OF WP(C) 3509/2023
PETITIONERS' EXHIBITS
| ExhibitP1 | TRUE COPY OF THE CREDIT SANCTION INTIMATION DATED 12/5/2017 ISSUED BY THE BANK |
|---|---|
| ExhibitP2 | TRUE COPY OF THE LOAN AGREEMENT DATED 12/5/2017 |
| ExhibitP3 | TRUE COPY OF THE REVISED ORDER DATED 11/10/2022 OF THE KERALA CO-OPERATIVE RISK FUND SCHEME |
| Exhibit P4 | TRUE COPY OF THE DEATH CERTIFICATE OF CHANDRASEKAHARA ACHARI DATED 22/09/2021 |
| ExhibitP4(a) | TRUE COPY OF DEATH CERTIFICATE OF HEMALATHA DATED 23/08/2022 |
| ExhibitP5 | TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER FROM 12-5-2017 TO 28-09-2017 |
| ExhibitP6 | TRUE COPY OF THE NOTICE DATED 21/10/2019 |
| ExhibitP7 | TRUE COPY OF THE ORDER OF HON'BLE CJM DATED 12/10/2022 |
| ExhibitP8 | TRUE COPY OF THE REQUEST TO THE BANK DATED 1/1/2023 |
| ExhibitP9 | TRUE COPY OF THE LETTER OF JOINT REGISTRAR DATED 22/12/2022 |
| ExhibitP10 | TRUE COPY OF THE REPLY DATED 4/1/2023 |
RESPONDENT'S ANNEXURES ANNEXURE-R1(A) TRUE COPY OF THE CIRCULAR NO. 52/2019 DATED 12.12.2019 ISSUED REGISTRAR OF CO-OPERATIVE
WP(C) NO. 3509 OF 2023
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SOCIETIES, THIRUVANANTHAPURAM. ANNEXURE-R1(B) TRUE COPY THE STATEMENT OF ACCOUNTS REGARDING THE LOAN AVAILED BY THE PETITIONERS, LATE CHANDRASEKHARA ACHARYA AND LATE HEMALATHA. ANNEXURE-R1(C) TRUE COPY OF THE STATEMENT OF ACCOUNTS DATED 03.02.2023.
1 issue framed by the court
Whether petitioners are entitled to permission to repay the overdraft in monthly instalments.
JALAJAKSHY
K. INDIRA
BHOODEVI
THE KASARAGOD CO-OPERATIVE TOWN BANK LTD.
T.R. RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
