A housing loan borrower facing coercive recovery proceedings sought to repay the overdue amount in 20 instalments. The Court noted he failed to remit instalments directed in interim orders, paying only part of ₹13 lakhs, and dismissed the writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946 WP(C) NO. 12562 OF 2023
PETITIONER:
SAFARUDHEEN, AGED 61 YEARS, S/O. MUHAMMEDUNNI, THRUVATH VEETTIL HOUSE, CHAVAKKAD VILLAGE, PALUVAI DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT- 680506.
BY ADVS. RAJIT V.V.JOY RAMAKRISHNAN M.N.
RESPONDENTS:
THE KERALA STATE CO-OPERATIVE BANK LTD., CREDIT PROCESSING CENTRE (CPC), PALLIKKULAM, THRISSUR, PIN – 680001.
BY ADV.SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Dated this the 23rd day of May, 2024
The petitioner is before this Court seeking to direct the respondent-Bank to permit the petitioner to repay the overdue amount in 20 instalments.
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submits that the outstanding amount payable by the petitioner would be ₹60,70,329/-. The petitioner has not remitted the instalment amounts as directed by this Court in the interim orders. The petitioner has no intention to clear the loan. The writ petition is therefore liable to be dismissed.
and the learned Standing Counsel representing the respondents.
to remit an amount of ₹3 lakhs on or before 17.05.2023. On 25.03.2024, this Court directed the petitioner to remit an amount of ₹5 lakhs on or before 30.03.2024 and ₹5 lakhs on or before 30.04.2024.
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petitioner has paid only ₹9,92,000/-. The petitioner has failed
to make the remittances as directed by this Court.
In the circumstances, no further reliefs can be granted
to the petitioner. The writ petition is dismissed.
Sd/-
N. NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 12562/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE SUMMONS ALONG WITH THE PLAINT ARC 1818/2021 DATED 29.06.2022 ISSUED FROM THE COURT OF THE JOINT REGISTRAR, THRISSUR DISTRICT CO-OPERATIVE SOCIETIES TO THE PETITIONER
Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 14.03.2023
1 issue framed by the court
Whether the borrower could be permitted to repay overdue loan amounts in 20 instalments despite defaulting on interim payments directed by the Court.
1 provisions across 1 enactments
Safarudheen
The Kerala State Co-operative Bank Ltd., Regional Office, Thrissur
The Kerala State Co-operative Bank Ltd Guruvayur Branch
Deputy General Manager, Kerala State Co-operative Bank Ltd., Credit Processing Centre, Thrissur
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
