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2025 DAILYLAW 6299 (KER)

CHANDRIKA DINESAN v. UNION BANK OF INDIA

WP(C)/13345/2025 · 2025-04-02

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 13345 OF 2025 : 1 : 2025:KER:27950 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 13345 OF 2025 PETITIONER: CHANDRIKA DINESAN, AGED 50 YEARS W/O , DINESHAN KUNJIKRISHNAN, SREE VAISHNAVAM, JAWAHAR NAGAR, PUDUSSERY, KANJIKODE WEST PALAKKAD, PIN - 678623 BY ADV AMJATH A.R RESPONDENT: UNION BANK OF INDIA CHANDRA NAGAR COLONY, PALAKKAD, PIN - 678007 R BY SRI.A.S.P.KURUP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13345 OF 2025 : 2 : 2025:KER:27950 JUDGMENT The loan availed by the petitioner from the respondent Bank fell in arrears. At the instance of the Bank, revenue authorities initiated recovery proceedings. Ext.P3 is the revenue recovery demand notice and Ext.P2 is the notice prior to attachment issued respectively under Sections 7 and 34 of the Kerala Revenue Recovery Act, 1968. The petitioner has filed this writ petition for direction to the respondent to permit her to clear off the overdue amount in the loan account in 20 equal monthly installments. 2. Heard the learned counsel for the petitioner and Sri.A.S.P.Kurup, learned Standing Counsel for the respondent Bank. 3. The learned Standing Counsel for the WP(C) NO. 13345 OF 2025 : 3 : 2025:KER:27950 Bank, submits that, the petitioner can be permitted to remit the amount covered by Exts.P2 and P3 in reasonable installments. 4. The learned counsel for the petitioner submits that the petitioner may be permitted to remit the amount of Rs.1,31,089/- covered by Exts.P2 and P3 in 14 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 amount of Rs.1,31,089/- along with accrued interest and applicable charges in 14 equal monthly installments commencing from 02.05.2025. (2) If the petitioner defaults payment of any of the WP(C) NO. 13345 OF 2025 : 4 : 2025:KER:27950 installments, it will be open to the Bank to proceed against her, for the recovery of the amount in accordance with law. (3) To enable the petitioner to remit the installments, all coercive proceedings against her shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 13345 OF 2025 : 5 : 2025:KER:27950 APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT BANK IS PRODUCED Exhibit P2 A TRUE COPY OF DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 17/02/2025 IS PRODUCED Exhibit P3 A TRUE COPY OF THE ATTACHMENT NOTICE ISSUED BY THE 2ND RESPONDENT DATED- 07/01/2025 IS PRODUCED