Extracted from the PDF above. The PDF is authoritative.
WP(C) NO. 12695 OF 2025 : 1 : 2025:KER:26290 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12695 OF 2025 PETITIONER:
ABDUL RAHIMAN, AGED 53 YEARS S/O.MEERASAHIB, AISWARYA MANZIL, MARAKKAVU, ERIMAYUR.P.O,ALATHUR, PALAKKAD, PIN - 678546 BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS: 1 THE COLLECTOR/AUTHORISED OFFICER DEPUTY TAHSILDAR, ALATHUR TALUK, ALATHUR.P.O, PALAKKAD, PIN - 678541 2 THE KERALA BANK KERALA STATE CO-OPERATIVE BANK LTD., (THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD.) ALATHUR BRANCH, MAIN ROAD,ALATHUR, PALAKAKD REP.BY ITS MANAGER, PIN - 678546 R BY SRI.K.S.ARUNKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12695 OF 2025 : 2 : 2025:KER:26290 JUDGMENT The loan availed by the petitioner from the 2nd respondent Bank fell in arrears due to default in payment of installments. The 2nd respondent initiated recovery proceedings. Ext.P1 notices were issued under Sections 7 and 34 of the Kerala Revenue Recovery Act, 1968. Challenging Ext.P1, the petitioner has filed this writ petition. The petitioner has also sought for direction to the 2nd respondent to permit him to clear off the overdue amount in his loan account in installments. 2. Sri.K.S.Arunkumar, learned Standing Counsel for the Bank, on instructions, submits that, the overdue amount as on today (27.03.2025) in respect of the loan account of the petitioner is
WP(C) NO. 12695 OF 2025 : 3 : 2025:KER:26290 Rs.10,90,327/- and that the petitioner can be permitted to remit the said amount in reasonable installments, along with regular EMIs. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to remit the overdue amount in 15 equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioner shall pay the overdue amount of Rs.10,90,327/- along with accrued interest and applicable charges in 15 equal monthly installments commencing from 02.05.2025. (2) The petitioner shall also pay
WP(C) NO. 12695 OF 2025 : 4 : 2025:KER:26290 the regular EMIs along with the installments. (3) If the petitioner defaults payment of any of the installments, it will be open to the Bank to proceed against him for the recovery of amount, in accordance with law.
(4) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB
WP(C) NO. 12695 OF 2025 : 5 : 2025:KER:26290 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 06.03.2025 ISSUED BY THE 1ST RESPONDENT