High Court of KeralaWP(C)/17175/2015disposed of

Jyothi .A v. Authorized Officer, Thiruvananthapuram District Co-Oprative Bank Ltd

2015-06-15Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 15TH DAY OF JUNE 2015/25TH JYAISHTA, 1937 WP(C).No. 17175 of 2015 (V) ----------------------------------------- PETITIONER(S):

----------------------- JYOTHI A., AGED 36 YEARS, D/O.LATE R. AYYAPPAN ACHARI, ARUVIKKUZHI THEKKUMKARA PUTHANVEEDU, KARIPOORU P.O., NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER RESPONDENT(S):

--------------------------

1. AUTHORIZED OFFICER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, THIRUVANANTHAPURAM - 695 023.

2. THE BRANCH MANAGER, THIRUVANANTHAPURAM DISTRICT CO OPERATIVE BANK LTD., NEDUMANGADU BRANCH, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT - 695 541.

BY ADV. SRI.T.R.HARIKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 17175 of 2015 (V) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:TRUE COPY OF DEMAND NOTICE DATED 11.04.2015 RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 17175 of 2015 ---------------------------------------------------- Dated this the 15th day of June,2015

J U D G M E N T

------------------------- The petititioner availed a consumption loan of Rs.1,50,000/- from the 2nd respondent. The term of the loan expires on 2018. It is admitted that overdue amount is only Rs.48,000/-. The request made by the petitioner before this Court is to regularise her loan account and to provide sufficient monthly instalments to pay off the arrears of loan. 2.

Considering the facts and circumstances, following directions are issued:

i) The petitioner shall remit the entire overdue amount along with regular EMI in six equal monthly instalments starting from 7.7. 2015. ii) If the petitioner clears the entire overdue amount along with regular EMI within the time indicated as above, petitioner's loan account shall be regularised.

W.P.(C).No.17175 of 2015 ii) If the petitioner commits any default in paying overdue amount along with regular EMI, the respondent bank is at liberty to proceed against the property of the petitioner in accordance with law.

iii) To workout the above remedy, all coercive steps against the petitioner shall be deferred.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/