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2025 DAILYLAW 3671 (KER)

FATHIMA v. KERALA STATE CO-OPERATIVE BANK LTD (ERSTWHILE

WP(C)/6848/2025 · 2025-03-26

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

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2025:KER:25984 WP(C) NO. 6848 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 6848 OF 2025 PETITIONER/S: FATHIMA AGED 46 YEARS W/O HAMZA, RESIDING AT PUHTUPARAMBIL HOUSE, PONNANI SOUTH,MALAPPURAM, PIN - 679586 BY ADVS. ABDUL RAOOF PALLIPATH E.MOHAMMED SHAFI PRAJIT RATNAKARAN KRISHNAPRIYA R. SOORYA K. ANJU DONY RESPONDENT/S: 1 KERALA STATE CO-OPERATIVE BANK LTD (ERSTWHILE (MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD)ERAMANGALAM BRANCH, MALAPPURAM REPRESENTED BY ITS BRANCH MANAGER,, PIN - 679587 2 THE AUTHORIZED OFFICER KERALA STATE CO-OPERATIVE BANK LTD (ERSTWHILE) (MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD) ERAMANGALAM BRANCH, MALAPPURAM, PIN - 679587 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25984 WP(C) NO. 6848 OF 2025 2 JUDGMENT The petitioner had availed a loan from the 1st respondent Bank. She defaulted payment of installments and the Bank initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Ext.P1 is the summons issued to the petitioner by the Arbitrator. The petitioner has filed this writ petition for a direction to the 1st respondent to permit her to pay the overdue amount in 24 equal monthly installments and to regularise the loan account. 2. Sri.Gilbert George Correya, the learned counsel for the Bank, on instructions, submits that, as on 19.02.2025, an amount of Rs.47,10,773/- is overdue in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments. 3. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in 18 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.47,10,773/- in 18 equal monthly installments commencing from 02.05.2025, along with accrued interest 2025:KER:25984 WP(C) NO. 6848 OF 2025 3 and payable charges. The installments as above shall be payable in addition to the regular EMIs. 5. It is made clear that in case of default in payment of any single installment, the petitioner will lose the benefit of this judgment and the respondents can proceed with recovery steps in accordance with law. Writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE GBG 2025:KER:25984 WP(C) NO. 6848 OF 2025 4 APPENDIX OF WP(C) 6848/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SUMMONS RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT DATED NIL Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER DATED 02.01.2025