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2025 DAILYLAW 8940 (KER)

SHAILAJA.R v. THE AUTHORISED OFFICER

WP(C)/44159/2024 · 2025-04-08

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30526 WPC.No.44159/24 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 44159 OF 2024 PETITIONER: SHAILAJA.R, AGED 64 YEARS, W/O.MOHANAN NAIR, AGED 64 YEARS, MOHANAM, GATEMUKKU, ALTHARAMOODU.P.O, ALAMCODE(PART), ALTHARAMOODU, THIRUVANANTHAPURAM DISTRICT, PIN – 695 102. BY ADV.S.R.SREEJITH RESPONDENT: THE AUTHORISED OFFICER, NAGAROOR SERVICE CO-OPERATIVE BANK, T 219, PEROOR, TRIVANDRUM DISTRICT, PIN – 695 601. BY ADVS. ARJUN RAGHAVAN T.R.HARIKUMAR(K/000295/1992) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30526 WPC.No.44159/24 2 JUDGMENT The petitioner is aggrieved by the recovery proceeding initiated against the petitioner in respect of a loan availed by the petitioner from the respondent bank. The limited relief sought by the petitioner is to permit her to clear the entire liability in installments. 2. The learned Standing Counsel for the respondent submits that, total amount due from the petitioner as on 31.03.2025 comes to Rs.26,02,500/- (Rupees twenty six lakhs two thousand and five hundered only). 3. Considering the fact that, the petitioner is only seeking an opportunity to clear off the entire liability in installments, a lenient view can be taken. In such circumstances, this writ petition is disposed of permitting the petitioner to pay off the entire amount as referred to above along with future interest and other charges in eighteen equal monthly installments. The 1st installment shall become due on 08.05.2025 and all subsequent installments shall become payable on the 8th 2025:KER:30526 WPC.No.44159/24 3 day of every succeeding month. In case of default in making any of the installments, this facility shall stand canceled and in such an event, it shall be open for the respondents to recommence the recovery proceedings from the point it was stopped. Subject to the above, the recovery proceedings shall be kept in abeyance. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/8.4.25 2025:KER:30526 WPC.No.44159/24 4 APPENDIX OF WP(C) 44159/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 13- 11-2024 ISSUED BY THE RESPONDENT