A borrower sought to restrain proceedings on a demand notice issued by a cooperative bank and to pay overdue amounts in 20 monthly instalments. The court found the claim stale after two years and dismissed the writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 19TH DAY OF JULY 2024 / 28TH ASHADHA, 1946
WP(C) NO. 10106 OF 2022
PETITIONER:
MANSOOR
AGED 39 YEARS
S/O.CHERIYA HAMZA, CHETTEPURATH HOUSE,
KURUMBATHUR(P.O), EDASSERY DESOM,
TIRUR TALUK, MALAPPURAM DISTRICT.
BY ADVS.
K.B.ARUNKUMAR
POOJA K.S.
RESPONDENTS:
1 THE TIRUR SAHAKARANA KARSHIKA GRAMA VIKASANA BANK LTD. REPRESENTED BY ITS SECRETARY, NO.M-11, VALANCHERY BRANCH, VALANCHERY.P.O, MALAPPURAM DISTRICT.2THE SPECIAL SALE OFFICER,
THE TIRUR SAHAKKARANNA KARSHIKA GRAMA VIKASANA
BANK LTD, NO.M-11, TIRUR(P.O),
MALAPPURAM DISTRICT.
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
WP(C) No.10106 of 2022
JUDGMENT
Dated this the 19th day of July, 2024
The writ petition has been filed by the petitioner, who has availed Housing Loan and Agricultural Loan from the 1st respondent-Bank. The petitioner seeks to command the respondents to refrain from all proceedings initiated pursuant to Ext.P2 Demand Notice and to command the respondents to regularise the loan accounts by allowing the petitioner to pay the outstanding overdue amount in 20 equal monthly instalments.
Notice for repayment of the loans taken. The 1st respondent has demanded 25,17,350/-. ₹
than two years have lapsed after filing of this writ petition. In
the circumstances, the factual situations that existed when the
WP(C) No.10106 of 2022
3
writ petition was filed seeking 20 equal monthly instalments’
time, do not survive at this distance of time.
The writ petition is therefore dismissed.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.10106 of 2022
4
APPENDIX OF WP(C) 10106/2022
PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE JUDGMENT DATED
14.01.2022 IN W.P(C)NO.38766/2018.
Exhibit P2THE TRUE COPY OF THE NOTICE ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P3THE TRUE COPY OF THE REPRESENTATION
DATED 14.03.2022 SUBMITTED BEFORE THE
1ST RESPONDENT.
Exhibit P4THE TRUE COPY OF THE REPLY DATED
22.03.2022 ISSUED BY THE SECRETARY OF
THE 1ST RESPONDENT BANK
Exhibit P5THE TRUE COPY OF THE DEMAND NOTICE
DATED 15.03.2023 ISSUED BY THE 2ND
RESPONDENT
1 issue framed by the court
Whether the petitioner was entitled to regularisation of overdue loan amounts in 20 equal monthly instalments and restraint of recovery proceedings.
Mansoor
The Tirur Sahakarana Karshika Grama Vikasana Bank Ltd.
The Special Sale Officer, The Tirur Sahakkarama Karshika Grama Vikasana Bank Ltd
N.Nagresh
As recorded by the court registry
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