SHIJU K G v. KERALA STATE COOPERATIVE BANK LTD (KERALA BANK)
WP(C)/12110/2025 · 2025-03-25
Murali Purushothaman
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 5457 (KER) · dailylaw.ai ]
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[ 2025 DAILYLAW 5457 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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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. 12110 OF 2025 PETITIONER:
SHIJU K G AGED 47 YEARS S/O K GANGADHARAN NADAR, KAVINPURATHU HOUSE, KANJIRAMNPARA, PANACODE P.O, THIRUVANANTHAPURAM, PIN - 695542
BY ADV V.A.VINOD
RESPONDENT:
KERALA STATE COOPERATIVE BANK LTD (KERALA BANK) REPRESENTED BY BRANCH MANAGER, NEDUMANGAD BRANCH, THIRUVANANTHAPURAM, PIN - 695541
BY SRI.THOMAS ABRAHAM, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
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 (for short, ‘the Act’). Ext.P1 is the notice issued to the petitioner informing him that if the dues are not cleared, recovery proceedings will be initiated against him. Challenging Ext.P1, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondent Bank to permit him to pay the overdue amount in instalments and to regularise the account. 2. Sri.Thomas Abraham, the learned Standing Counsel for the respondent Bank, on instructions, submits that an amount of Rs.10,14,750/- is overdue in the loan account of the petitioner as on today and the petitioner can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in 15 equal monthly instalments. 2025:KER:25581
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4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.10,14,750/- in 15 equal monthly instalments commencing from 02.05.2025, 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 to proceed against him 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 him pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
smp
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APPENDIX OF WP(C) 12110/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT DATED 25.07.2024