SINDHU v. THE KERALA STATE CO-OPERATIVE BANK LTD
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2025-03-28. SINDHU v. THE KERALA STATE CO-OPERATIVE BANK LTD. Read the judgment and case details on LawSphereX.
Judgment text
2025:KER:27046 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE MURALI PURUSHOTHAMAN TH FRIDAY, THE 28 DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 13143 OF 2025 PETITIONERS: 1 SINDHU AGED 43 YEARS W/O KAREDAN SHABU, MELUR VILLAGE, CHALAKUDY TALUK, KUVAKKATTUKUNNU, THRISSUR DISTRICT. , PIN – 680 308. 2 SHABU AGED 46 YEARS S/O. OUSEPH, KAREDAN HOUSE, KORATTY, KOOVAKKATTUKUNNU, THRISSUR DISTRICT. , PIN – 680 308. BY ADVS. P. JINISH PAUL SNEHA V. RESPONDENTS: 1 THE KERALA STATE CO-OPERATIVE BANK LTD KORATTY BRANCH, KORATTY P. O. , THRISSUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. , PIN – 680 308. 2 THE DEPUTY THAHASILDHAR CHALAKUDY TALUK, CHALAKUDY P. O, THRISSUR DISTRICT. , PIN – 680 307. BY ADVS K. S. ARUN KUMAR, STANDING COUNSEL. RESMI THOMAS, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28. 03.
2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27046 JUDGMENT st The petitioners had availed a loan from the 1 respondent Kerala Bank, Korratty Branch. They defaulted payment of instalments and the Bank initiated recovery proceedings under the Kerala Revenue Recovery Act, 1968 (for short, ‘the Act’). Ext. P2 demand notice and nd Ext. P3 notice prior to attachment were issued by the 2 respondent under Sections 7 and 34 of the Act, respectively. Challenging Exts. P2 and P3, the petitioners have filed this writ petition. The petitioners have also sought for direction to the respondents to permit them to clear the dues in instalments. 2. When the writ petition came up for consideration today, Adv. K. S. Arun Kumar, the learned 2025:KER:27046 Standing Counsel for the Bank, on instructions, submitted that, an amount of Rs. 1,09,399/- is overdue in the loan account and the petitioners can be permitted to pay the said amount in reasonable installments. 3. Adv.
Jinesh Paul, the learned Counsel for the petitioners submits that the petitioners may be permitted to pay the overdue amount in 15 equal monthly installments. 4. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:-a) The petitioners shall pay the outstanding amount of Rs. 1,09,399/- along with accrued interest and applicable charges in 15 equal monthly instalments commencing from 02. 05. 2025. The instalments as above shall be 2025:KER:27046 payable in addition to the regular EMIs. b) If the petitioners default payment of any of the instalments, it will be open to the Bank to proceed against them in accordance with law. c) To enable the petitioners to pay the amount in instalments as aforesaid, all coercive proceedings against the petitioners shall stand deferred.
Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ 2025:KER:27046 APPENDIX OF WP(C) 13143/2025 PETITIONERS’ EXHIBITS EXHIBIT P1 TRUE COPY OF THE FIRST PAGE OF THE LOAN PASSBOOK OF THE 1ST PETITIONER. EXHIBIT P2 TRUE COPY OF THE ATTACHMENT NOTICE U/S 7 DATED 14/01/2025 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE U/S 34 DATED 21. 01. 2025 ISSUED BY THE 2ND RESPONDENT.
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.