Rahmath K. E vs M/S. Kerala State Cooperative Bank Ltd. (Kerala Bank),

Type Court Judgment Court Kerala Decided Jul 31, 2024

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Citation: sooperkanoon.com/1328113
Court: Kerala High Court
Judge: Honourable Mr. Justice D. K. Singh
Decided On: Jul 31, 2024
Case Number: WP(C)/23813/2024

Parties & Advocates

Appellant / Petitioner

Rahmath K. E

Respondent

M/S. Kerala State Cooperative Bank Ltd. (Kerala Bank),

Excerpt

.....petition has been filed seeking the following prayers:i. issue a writ of certiorari or any other writ order or direction quashing exhibits p1 and p2 notices; and further proceedings pursuant thereto; ii. issue a writ of mandamus or any other writ order or direction commanding respondent no. 1 to regularize and reschedule the repayment in the financial transactions referred to in exhibits p1 and p2 notices, and permitting the petitioners to discharge the liability of the defaulted instalments by making payment of amount in monthly instalments over a period of 24 months and by continuing the payment of ensuing instalments within the rescheduled repayment period; iii. issue a writ of mandamus or any other writ order or direction commanding respondent nos. 1 to 3 not to continue the proceedings pursuant exhibits p1 and p2 notices; iv. dispense with the production of english translation of the vernacular exhibits; v. issue such other appropriate writ, order or direction which this hon’ble court may deem fit in the circumstances of the case; and vi. award costs of these proceedings to the petitioners.2. the learned counsel for the petitioners submitsthat the petitioners want to get the loan account regularized by making payment of the overdue amount, which is said to be rs.5,53,912/-, in some instalments along with the regular instalments, as this court may fix.3. the learned counsel for the bank submits that ifthe petitioners pay the overdue amount in few instalments, along with the regular instalments, the bank shall regularize the loan accounts of the petitioners in terms of the loan agreements.4. considering the said stand of the learned counselfor the bank, the present writ petition is disposed of in the following terms: i. the petitioners shall pay the overdue amount of rs.5,53,912/- in eight equal monthly instalments along with the regular instalments. the 1st instalment is to be paid on or before 20.08.2024 along with the regular instalments and remaining.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 WP(C) NO. 23813 OF 2024 PETITIONERS:
1 RAHMATH K. E AGED 56 YEARS W/O. ABDUL RASHEED, RAHMATH MANZIL, VEMOM P.O., CHETTAPALAM, MANANTHAWADY, MANANTHAWADY VILLAGE, MANANTHWADY TALUK, WAYANAD ., PIN - 670645 2 SANAH YAVAR K. E. AGED 28 YEARS S/O. ABDUL RASHEED, RAHMATH MANZIL, VEMOM P.O., CHETTAPALAM, MANANTHAWADY, MANANTHAWADY VILLAGE, MANANTHWADY TALUK, WAYANAD, PIN - 670645 BY ADVS. MATHEW KURIAKOSE T.G.SUNIL (PERUMBAVOOR) J.KRISHNAKUMAR (ADOOR) K.R.ARUN C.N.PRAKASH MONI GEORGE SHAJI P.K.
RESPONDENTS:
1 M/S. KERALA STATE COOPERATIVE BANK LTD. (KERALA BANK), (ERSTWHILE WAYANAD DISTRICT COOPERATIVE BANK) HAVING REGISTERED OFFICE AT COBANK TOWERS, PALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL MANAGER, PIN - 695033 2 THE AUTHORIZED OFFICER, M/S. KERALA STATE COOPERATIVE BANK LTD., WAYANAD, KALPETTA NORTH, WAYANAD, PIN - 673122 3 THE BRANCH MANAGER M/S. KERALA STATE COOPERATIVE BANK LTD. (KERALA BANK), (ERSTWHILE WAYANAD DISTRICT COOPERATIVE BANK), MANANTHAWADY BRANCH, MANANTHWADY P.O., WAYANAD, PIN -
SRI. K.S. ARUN KUMAR-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 31st day of July, 2024 The present Writ Petition has been filed seeking the following prayers:

i. Issue a writ of certiorari or any other writ order or direction quashing Exhibits P1 and P2 notices; and further proceedings pursuant thereto; ii. Issue a writ of mandamus or any other writ order or direction commanding respondent No. 1 to regularize and reschedule the repayment in the financial transactions referred to in Exhibits P1 and P2 notices, and permitting the Petitioners to discharge the liability of the defaulted instalments by making payment of amount in monthly instalments over a period of 24 months and by continuing the payment of ensuing instalments within the rescheduled repayment period; iii. Issue a writ of mandamus or any other writ order or direction commanding respondent Nos. 1 to 3 not to continue the proceedings pursuant Exhibits P1 and P2 notices; iv. Dispense with the production of English translation of the Vernacular Exhibits; v. Issue such other appropriate writ, order or direction which this Hon’ble Court may deem fit in the circumstances of the case; and vi. Award costs of these proceedings to the Petitioners.

2. The learned counsel for the petitioners submits

that the petitioners want to get the loan account regularized by making payment of the overdue amount, which is said to be Rs.5,53,912/-, in some instalments along with the regular instalments, as this Court may fix.

3. The learned counsel for the bank submits that if

the petitioners pay the overdue amount in few instalments, along with the regular instalments, the bank shall regularize the loan accounts of the petitioners in terms of the loan agreements.

4. Considering the said stand of the learned counsel

for the bank, the present writ petition is disposed of in the following terms: i. The petitioners shall pay the overdue amount of Rs.5,53,912/- in eight equal monthly instalments along with the regular instalments. The 1st instalment is to be paid on or before 20.08.2024 along with the regular instalments and remaining seven instalments on or before 20th day of each succeeding months, along with regular instalments. ii. After making the payment of the overdue amount along with the regular instalments as mentioned above, the petitioners shall continue to pay the regular instalments in terms of the loan agreement till the entire loan liability is discharged. iii. Once the petitioners pay the entire overdue amount, the bank shall regularize the loan accounts of the petitioners. iv. In case of failure to make payment of 1st instalment or any subsequent instalments as directed above, the bank shall be free to proceed with SARFAESI proceedings against the petitioners for realizing the outstanding loan amount. With the aforesaid directions, the present writ petition stands finally disposed of. Sd/- DINESH KUMAR SINGH JUDGE AP APPENDIX OF WP(C) 23813/2024 PETITIONER EXHIBITS Exhibit P 1 TRUE COPY OF THE DEMAND NOTICE DATED 04.08.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS AND THE GUARANTOR Exhibit P 2 TRUE COPY OF THE POSSESSION NOTICE DATED 21.03.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS AND THE GUARANTOR Exhibit P 3 TRUE COPY OF THE REPORT OF THE C.T. SCAN OF

THE BRAIN (PLAIN) ISSUED BY THE ST. JOSEPH'S MISSION HOSPITAL, MANANTHAWADY DATED 15.06.2023 IN RESPECT OF THE 1ST PETITIONER

Same Court & Year Kerala · 2024 Same Parties Rahmath K. E vs M/S. Kerala State Cooperative Bank Ltd. (Kera... Same Judge Honourable Mr. Justice D. K. Singh