Allowed

Misriya C.K v. Kerala State Cooperative Bank Ltd.

Kerala HC13 Dec 2023WP(C)/40234/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking relief from attachment proceedings. The Court ordered the petitioner to clear the loan outstanding of Rs.13,79,234/- in 18 equal monthly installments. Upon compliance, the bank must return security documents and cease further action. A default triggers immediate recovery rights.

What did the court decide?

Petitioner granted liberty to pay outstanding loan amount Rs.13,79,234/- in 18 monthly installments; Bank to return securities and defer further action.

Misriya C.K Vs Kerala State Cooperative Bank Ltd. — Consumer Protection | Kerala HC (2023)

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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 DEVAN RAMACHANDRAN

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WEDNESDAY, THE 13^TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA,

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1945

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WP(C) NO. 40234 OF 2023

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PETITIONER:

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MISRIYA C.K AGED 49 YEARS, W/O M.K ABDULLA, MANGAD HOUSE, NEEYAR, MULADUKKAM JUMA MASJID, MULIYAR, KASARAGOD, PIN - 671542 BY ADVS. K.I.SAGEER MUHAMMED YASIL

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RESPONDENTS:

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1 KERALA STATE COOPERATIVE BANK LTD REPRESENTED BY ITS AUTHORIZED, OFFICER, REGIONAL OFFICE KANNUR, PIN - 670001 2 JUNIOR SUPERINTENDENT TALUK OFFICE, KASARAGOD TALUK KASARAGOD, PIN - 671123 3 VILLAGE OFFICER MULIYAR VILLAGE OFFICE, MULIYAR P.O KASARAGOD, PIN - 671542 BY ADV. SRI.M.SASINDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No. 40234 of 2023

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: 2 :

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JUDGMENT

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When this matter was called today, Sri.M.Sasindran – learned Standing Counsel for the respondent Bank, submitted that, the total outstanding in the loan account of the petitioner, as on 30.11.2023, is Rs.13,79,234/-; and that if she is willing to pay the same in not more than 18 equal monthly installments, his client will not stand in the way of this Court disposing of this writ petition on such terms.

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Sri.K.I.Sageer – learned counsel for the petitioner, fully agreed to the afore and prayed that this writ petition be thus ordered.

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In the afore circumstances, I allow this writ petition, granting liberty to the petitioner to pay the total outstanding amount in the loan account, namely, Rs.13,79,234/- as on 30.11.2023, with all applicable charges and interest, in 18 equal monthly installments commencing from 25.01.2024 . If this is done, the Bank shall close the loan account and return the security documents to her, on proper receipt.

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Needless to say, as long as the petitioner pays as per the above directions, all further action pursuant to Ext.P2 will stand deferred; but if she defaults payment of any two consecutive

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W.P.(C).No. 40234 of 2023

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: 3 :

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installments as ordered above, the Bank will be at full liberty to invoke appropriate remedies for recovery of the total balance amount as per law, without having to obtain any further orders from this Court.

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Sd/DEVAN RAMACHANDRAN JUDGE

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anm

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W.P.(C).No. 40234 of 2023

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: 4 :

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APPENDIX OF WP(C) 40234/2023

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PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE PROCEEDINGS DATED 21.09.2021 IN S.A NO.184/2021 OF THE DEBT RECOVERY TRIBUNAL ERNAKULAM-1 Exhibit-P2 A TRUE COPY OF THE DEMAND NOTICE (FORM-1) DATED 26.10.2023 ISSUED BY THE 2ND RESPONDENT

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RESPONDENT EXHIBITS : NIL.

Misriya C.K v. Kerala State Cooperative Bank Ltd.

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Misriya C.K v. Kerala State Cooperative Bank Ltd.

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