Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946 PETITIONER: MEENA AJITHKUMAR, AGED 47 YEARS, S/O AJITHKUMAR (LATE), KOYIPPALLY HOUSE, MUNAMBAM, PALLIPORT P.O, ERNAKULAM, KERALA, PIN - 683515. BY ADV HEMANTH H. RESPONDENTS: 1 THE BRANCH MANAGER PALLIPURAM SERVICE CO-OPERATIVE BANK LTD, NO. 760 CHERAI, ERNAKULAM BRANCH-., PIN - 683513. 2 SPECIAL SALES OFFICER, PALLIPURAM .S.C.B.GROUP, OFFICE OF THE ASST. REGISTRAR OF CO-OP SOCIETIES, ERNAKULAM, KERALA, PIN - 683513. BY ADV. SMT.C.S.SHEEJA, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
JUDGMENT
The limited plea of the petitioner is that the respondent - Bank be directed to allow her to pay off the overdue amount in the loan account in 20 equal monthly instalments so as to have it regularized. She submits that she is constrained to make this request because of the financial constraints she is facing and hence being unable to make payment in lump sum.
2. The endorsements on the files of this case indicate that the petitioner has already taken out notice to the respondents by E-mail.
3. It is rather distressing that the 1st respondent has still refused to appear before this Court. However, this cannot be a reason for this Court to refrain from passing appropriate orders. -3- In the afore circumstances, I allow this writ petition, leaving liberty to the petitioner
to approach the Bank with an appropriate representation seeking any relief/claim that she may make; and if this is done within a period of two weeks from the date of receipt of a copy of this judgment, the same shall be considered by the competent Authority of the said Bank, after affording her an opportunity of being heard, thus culminating in an appropriate order and necessary action thereon without any avoidable delay thereafter. Needless to say, until such time as the
afore is done and the resultant order
communicated to the petitioner, all further proceedings pursuant to Exts.P2 and P3 shall stand deferred. I, however, clarify that I have not entered into the merits of the claims of the petitioner -4- and that they are left to be decided by the respondent - Bank appropriately. Sd/- DEVAN RAMACHANDRAN JUDGE akv -5- APPENDIX OF WP(C) 18094/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF RECEIPT OF PAYMENT DATED 28.11.2023 EXHIBIT P2 A TRUE COPY OF THE APPLICATION FOR ONE TIME SETTLEMENT DATED 28/11/2023 EXHIBIT P3 THE TRUE COPY OF THE POSSESSION NOTICE
ISSUED BY THE RESPONDENT BANK DATED 09.05.2024 TO THE PETITIONER INTIMATING THE FACTUM OF POSSESSION OF THE SECURED ASSETS