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2025 DAILYLAW 6831 (KER)

SUFAIRA.N.H v. THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK),

WP(C)/14144/2025 · 2025-04-04

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 14144 OF 2025 : 1 : 2025:KER:29077 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 14144 OF 2025 PETITIONER: SUFAIRA.N.H, AGED 43 YEARS W/O.SAIDU MUHAMMED.P.I, PUNCHAKUNDIL HOUSE, THALI.P.O., THRISSUR., PIN - 680585 BY ADVS. LINDONS C.DAVIS E.U.DHANYA N.S.SHAMILA CHINJU P. JOYIES RESPONDENTS: 1 THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK), REPRESENTED BY ITS MANAGER, THRISSUR REGIONAL OFFICE, KOVILATHUMPADAM, THIRUVAMBADI P.O, THRISSUR DISTRICT., PIN - 680022 2 BRANCH MANAGER, THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK), WADAKKANCHERY BRANCH, WADAKKANCHERY P.O., THRISSUR DISTRICT., PIN - 680582 3 AUTHORIZED OFFICER THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK), WADAKKANCHERY BRANCH, WADAKKANCHERY P.O., THRISSUR DISTRICT., PIN - 680582 4 DISTRICT COLLECTOR, THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR., PIN - 680007 WP(C) NO. 14144 OF 2025 : 2 : 2025:KER:29077 5 DEPUTY TAHSILDAR, THALAPPILLY THALAPPILLY TALUK OFFICE WADAKKANCHERY, THRISSUR DISTRICT., PIN - 680623 6 VILLAGE OFFICER, THICHUR VILLAGE OFFICE THICHUR, THRISSUR., PIN - 680585 7 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SAHAKARANA BHAVAN, WADAKKANCHERY.P.O THRISSUR DISTRICT., PIN – 680582 R BY SR.GP SMT.SHEEJA C.S. R BY SRI.K.S.ARUNKUMR,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14144 OF 2025 : 3 : 2025:KER:29077 JUDGMENT The loan availed by the petitioner from the 1st respondent Bank fell in arrears. The 1st respondent initiated recovery proceedings. Ext.P3 is the notice issued under Section 13(4) of the SARFAESI Act. Ext.P1 is the demand notice and Ext.P2 is the notice prior to attachment issued thereafter under Sections 7 and 34 of the Kerala Revenue Recovery Act, 1968. The petitioner has filed this writ petition challenging Exts.P1 to P3. 2. Sri.K.S.Arunkumar, learned Standing Counsel for the Bank, on instructions, submits that, the overdue amount as on today (04.04.2025) in respect of the loan account of the petitioner is Rs.4,03,635/- and that the petitioner can be WP(C) NO. 14144 OF 2025 : 4 : 2025:KER:29077 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.4,03,635/- along with accrued interest and applicable charges in 15 equal monthly installments commencing from 05.05.2025. (2) The petitioner shall also pay the regular EMIs along with the installments. WP(C) NO. 14144 OF 2025 : 5 : 2025:KER:29077 (3) If the petitioner defaults payment of any of the installments, it will be open to the Bank to proceed against her for the recovery of amount, in accordance with law. (4) To enable the petitioner to remit the installments, all coercive proceedings against her shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 14144 OF 2025 : 6 : 2025:KER:29077 APPENDIX OF WP(C) 14144/2025 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE NOTICE NO. RRC.NO.2025/569/08 DATED 27.02.2025 IN FORM 1, ISSUED BY THE DEPUTY TAHSILDAR, THALAPPILLY TALUK. Exhibit P2 A COPY OF THE REVENUE RECOVERY NOTICE IN FORM 10 WITH RRC.NO.2025/569/08 DATED 14.03.2025 ISSUED BY THE DEPUTY TAHSILDAR, THALAPPILLY TALUK. Exhibit P3 A COPY OF THE NOTICE DATED 28.08.2024 ISSUED UNDER SECTION 13(4) OF SARFAESI ACT, BY THE 3RD RESPONDENT.