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2025 DAILYLAW 4833 (KER)

PARIMALA v. KERALA STATE COOPERATIVE BANK

WP(C)/10928/2025 · 2025-03-25

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:25579 WP(C) No.10928 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 10928 OF 2025 PETITIONER: PARIMALA AGED 53 YEARS PADINJHAREPPURAKKAL HOUSE, KAKKASSERY.P.O., THRISSUR, PIN - 680511 BY ADV R.SUDHA RESPONDENT: KERALA STATE COOPERATIVE BANK REPRESENTED BY THE BRANCH MANAGER, PAVARATTY, THRISSUR, PIN - 680507 BY ADV K.S.ARUN KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25579 WP(C) No.10928 of 2025 2 J U D G M E N T The loan availed by the petitioner from the respondent- Bank fell in arrears. The Bank initiated recovery proceedings under the Kerala Revenue Recovery Act, 1968. Ext.P1 is the notice issued by the respondent informing the petitioner that if the dues are not cleared, revenue recovery proceedings will be initiated against her. Challenging Ext.P1, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondent to provide instalment facility to her. 2. Sri.K.S Arunkumar, the learned Standing Counsel for the respondent Bank submits that an amount of Rs.2,68,679/- is overdue in the loan account of the petitioner as on 20.03.2025 and the petitioner can be permitted to pay the overdue amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in 10 equal monthly instalments. 2025:KER:25579 WP(C) No.10928 of 2025 3 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.2,68,679/- in 10 equal monthly instalments commencing from 25.04.2025, along with accrued interest and applicable charges. The instalments as above shall be payable in addition to the regular EMIs. If the petitioner defaults payment of any of the instalments, it will be open to the respondent Bank to proceed against her for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against her pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:25579 WP(C) No.10928 of 2025 4 APPENDIX OF WP(C) 10928/2025 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE NOTICE ISSUED TO THE PETITIONER FROM THE THE BRANCH MANAGER, KERALA STATE COOPERATIVE BANK , PAVARATTY DATED 20/1/2025