Abdul Jamal v. The Ernakulam District Co-Operative Bank

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 WP(C).No. 8589 of 2015 (W) --------------------------- PETITIONER:

------------------ ABDUL JAMAL K.K., S/O. KASSIM, KANNANCHAKKASSERY HOUSE, PATTANAM, VADAKKEKKARA P.O., (LOAN A/C NO. SODRT 35/10).

BY ADV. SRI.K.A.MANZOOR ALI RESPONDENTS:

----------------------- 1.

THE ERNAKULAM DISTRICT CO-OPERATIVE BANK, KAKKANAD, ERNAKULAM REP. BY ITS GENERAL MANAGER. 2.

THE ERNAKULAM DISTRICT CO-OPERATIVE BANK, N. PARAVUR BRANCH REP. BY ITS BRANCH MANAGER. BY SMT.I.SHEELA DEVI, SC, ERNAKULAM DIST.CO.OP.BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 8589/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE NOTICE DATED 21.08.2014 ISSUED BY THE 2ND RESPONDENT BANK TO THE PETITIONER.

EXHIBIT P2 :

TRUE COPY OF THE LAWYER NOTICE DATED 04.09.2014 SENT BY THE PETITIONER TO THE RESPONDENTS.

EXHIBIT P2(a) :

TRUE COPY OF THE REPLY NOTICE DATED 08.10.2014 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 :

TRUE COPY OF THE DEMAND NOTICE DATED 07.11.2014 ISSUED BY THE 2ND RESPONDENT BANK.

EXHIBIT P4 :

TRUE COPY OF THE STATEMENT OF ACCOUNTS ISSUED BY THE 2ND RESPONDENT BANK.

EXHIBIT P5 :

TRUE COPY OF THE NOTICE DATED 26.12.2014 ISSUED BY THE 1ST RESPONDENT RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 8589 OF 2015 ------------------------------------ Dated this the 18th day of March, 2015

JUDGMENT

All that the petitioner prays is for easy instalments to pay the overdue amount and get the loan account regularised. The period of the loan expires in the year 2028 only and the overdue amount comes to about `2,70,000/-. The exact amount remaining as overdue shall be intimated to the petitioner within one week.

2.

I permit the petitioner to pay the overdue amount in five equal monthly instalments starting from 13.04.2015. This will be in addition to the equated monthly instalments which the petitioner is otherwise obliged to pay. The coercive steps pursuant to Ext.P5 notice shall be put on hold if the petitioner complies with the conditions in time. The coercive steps shall surge ahead if the petitioner commits default in the payment of any one of the instalments as directed.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd