ANEESH B v. KOTTARAKKARA URBAN CO-OPERATIVE BANK LIMITED NO. 1909
WP(C)/6885/2025 · 2025-03-26
Murali Purushothaman
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 3707 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3707 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:25958 WP(C) NO. 6885 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. 6885 OF 2025 PETITIONER/S: 1 ANEESH B AGED 29 YEARS S/O LATE BHASKARAN, VALIYAPARACHARUVILA HOUSE, CHADAYAMANGALAM, KOLLAM DISTRICT, PIN - 691534 2 SHYAMALA AGED 63 YEARS W/O LATE BHASKARAN, VALIYAPARACHARUVILA HOUSE, CHADAYAMANGALAM, KOLLAM DISTRICT, PIN - 691534 BY ADV N.RENJU RESPONDENT/S:
KOTTARAKKARA URBAN CO-OPERATIVE BANK LIMITED NO. 1909 REPRESENTED BY SPECIAL SALE OFFICER, KOTTARAKKARA CO-OPERATIVE URBAN BANK GROUP JOINT REGISTRAR (GENERAL) OFFICE, OYUR- KOTTARAKARA ROAD, KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691506 BY ADV Swapna Vijayan THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:25958 WP(C) NO. 6885 OF 2025 2 JUDGMENT The petitioners had availed a loan from the respondent Society. They defaulted payment of installments and the Society initiated arbitration proceedings. Pursuant to the award, Ext.P1 sale notice was issued to the petitioners. The petitioners have filed this writ petition for direction to the respondent to grant 20 monthly installments to pay the entire overdue and to regularise the loan account.
2. The learned counsel for the Society, on instructions submits that, as on 20.03.2025, an amount of Rs.1,78,410/- is overdue in the loan account of the petitioners and the petitioners can be permitted to pay the said amount in reasonable installments.
3. The learned Counsel for the petitioners submits that the petitioners may be permitted to pay the overdue amount in 10 equal monthly installments.
4. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the overdue amount of Rs.1,78,410/- in 10 equal monthly installments commencing from 02.05.2025, along with accrued interest and payable charges. The installments as above shall be
2025:KER:25958 WP(C) NO. 6885 OF 2025 3 payable in addition to the regular EMIs.
5. It is made clear that in case of default in payment of any single installment, the petitioners will lose the benefit of this judgment and the respondent can proceed with recovery steps in accordance with law. Writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE GBG
2025:KER:25958 WP(C) NO. 6885 OF 2025 4 APPENDIX OF WP(C) 6885/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT DATED 16.02.2025