Divya v. the Manager
Case brief
What is this about?
Petitioner sought relief against coercive proceedings for default on a consumption loan. Court disposed of writ petition granting 12 months to repay arrears and EMI, deferring auction conditions on compliance.
What did the court decide?
Petitioner to pay overdue amount in 12 monthly installments and current EMIs; coercive proceedings deferred upon compliance.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 13TH DAY OF MARCH 2024/23RD PHALGUNA, 1945 WP(C) NO. 1311 OF 2024
PETITIONER:
DIVYA, AGED 37 YEARS, WIFE OF PRAKASH.M., CHUNIRAMPARAMBIL, KULANJIKARAZHMA, VALIYAKULANGARA P.O., MANNAR, ALAPPUZHA DISTRICT, PIN – 690104
BY ADV. ALEX K.JOHN
RESPONDENT:
THE MANAGER, THE KERALA STATE CO-OPERATIVE BANK, REPRESENTED BY ITS AUTHORISE OFFICER, REGIONAL OFFICE, P.B.NO. 104, OPPOSITE MUNICIPAL TOWN HALL, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN – 688001
BY ADV. THOMAS ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Issues for consideration
2 issues framed by the court
Whether the writ petition should be disposed of by granting a short reasonable time to the petitioner to clear the loan liability.
Whether the petitioner should be allowed to pay the overdue amount in monthly installments with order reserving coercive proceedings in case of default.
Parties & counsel
- petitioner
DIVYA
- respondent
THE MANAGER, THE KERALA STATE CO-OPERATIVE BANK
Coram
N. NAGARESH
Case details
As recorded by the court registry
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