Disposed

Manikandan v. 1. Cherpalcheri Co-Operative Urban Bank

Kerala HC3 Apr 2023WP(C)/4323/2023

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking permission to clear overdue bank dues in instalments. It directed the petitioner to pay overdue amounts in 15 equal monthly instalments, with regularisation subject to payment, resuming coercive recovery steps only after default.

What did the court decide?

Petitioner directed to pay overdue bank dues in 15 equal monthly instalments; account regularisation to be done after receipt of amounts; coercive recovery stays pending compliance.

Manikandan Vs 1. Cherpalcheri Co-Operative Urban Bank — Banking and Recovery | 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 T.R.RAVI

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MONDAY, THE 3^RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945

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WP(C) NO. 4323 OF 2023

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PETITIONER:

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MANIKANDAN AGED 43 YEARS S/O SIVASANKARAN, ELIPPATA HOUSE, KALIKAVU ROAD, KARALMANNA P.O, CHEUPPULASSERY, PIN – 679 506

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BY ADVS. SRINATH C.V. JACOB E SIMON

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RESPONDENTS:

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1 CHERPALCHERI CO-OPERATIVE URBAN BANK HEAD OFFICE, MAIN ROAD, CHERPPULASSERY, PIN – 679 503 REPRESENTED BY ITS SECRETARY,

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2 THE AUTHORIZED OFFICER/ GENERAL MANAGER CHERPALCHERI CO-OPERATIVE URBAN BANK, HEAD OFFICE, MAIN ROAD, CHERPPULASSERY P.O, PIN – 679 503

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BY ADV JAYARAJ M

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4323 OF 2023

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T.R.RAVI, J.

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WP(C) No.4323 of 2023

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 Dated this the 03rdday of April, 2023

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JUDGMENT

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The petitioner has approached this Court seeking
permission to wipe off the liabilities to the respondent Bank
in instalments. The counsel for the respondent Bank submits
that an amount of Rs.16,27,327/- is overdue.

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In the above circumstances, the writ petition is disposed
of directing the petitioner to pay the amounts overdue to the
respondent Bank in 15 equal monthly instalments, along with
regular instalments, the first instalment becoming payable on
or before 03.05.2023 and the subsequent instalments
becoming payable on or before the 3rd day of the succeeding
months. After receiving the entire overdue amounts, the
respondent shall regularise the loan account. If the petitioner
makes two defaults in the payment of instalments as directed

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WP(C) NO. 4323 OF 2023

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above, the respondent Bank will be at liberty to continue with
the proceedings for recovery. Coercive steps for recovery
shall be kept in abeyance for facilitating the payments by
instalments as directed above.

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Sd/-

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T.R.RAVI

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JUDGE

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sn

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WP(C) NO. 4323 OF 2023

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APPENDIX OF WP(C) 4323/2023

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PETITIONER'S EXHIBITS

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Exhibit P1 DEMAND NOTICE ISSUED BY THE BANK ON 20.02.2020 Exhibit P2 NOTICE OF ADVOCATE COMMISSION ISSUED ON 2/8/22

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RESPONDENT'S EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

Manikandan v. 1. Cherpalcheri Co-Operative Urban Bank

Case brief

What is this about?

What did the court decide?

Manikandan v. 1. Cherpalcheri Co-Operative Urban Bank

Case brief

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What did the court decide?

What the court decided

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