IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE SATHISH NINAN WEDNESDAY, THE 26TH DAY OF AUGUST 2020/4TH BHADRA, 1942 W.P.(C)No.14686 OF 2020(I)

PETITIONER:

NISHA HARIKRISHNAN, AGED 37 YEARS, W/O.HARIKRISHNAN, KALLUVILA PUTHEN VEEDU, THAIMARAVUMKARA, WEST OTHARA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689 551.

BY ADVS.

SRI.JOSEPH GEORGE SRI.BIJO THOMAS GEORGE SRI.P.A.REJIMON RESPONDENTS:

1 THE PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD.NO.A-159, THIRUVALLA, REPRESENTED BY ITS SECRETARY, PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD.NO.A-159, THIRUVALLA-689 101.

2 THE SPECIAL SALE OFFICER, PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD.NO.A-159, THIRUVALLA, PIN-689 101.

R1 BY ADV. SMT.LOVELY SAMSON SENIOR GOVERNMENT PLEADER, SMT. SHEEJA C.S.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner availed a purchase loan from the 1^st respondent bank. Consequent to the default in payment of the regular EMI amounts, steps were initiated by the bank for recovery of the loan amount. It is at that stage, present writ petition has been filed. The petitioner seeks for regularisation of the loan account.

2. Heard counsel on either sides.

3. The loan in question was availed in the year 2015. The term of the loan is 15 years. At the time of admission, this court had passed an order directing the petitioner to pay an amount of Rs.5,00,000/- to the loan account. Though belatedly, the said direction has been complied with.

4. Considering the duration of the loan and taking note of the fact that the interim direction passed by this court has been complied with, and in view of the submissions made by the learned counsel for the parties, I am of the opinion that an opportunity could be granted to the petitioner to have the loan regularised. Accordingly the writ petition is disposed of, permitting the petitioner to have the loan account in question regularised by payment of the over due amounts inclusive of interest, in eight monthly instalments. The said amount shall be payable along with the regular EMI's payable. The payment shall commence along with the EMI payable from October 2020 onwards. In case of default in payment of a single instalment of EMI or the over due amount, the petitioner will not get the benefit of this judgment and further proceedings can continue from the present stage.

Sd/-

SATHISH NINAN ss JUDGE APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF NOTICE NO.S.S.O

1/2018 DATED 29.11.2019 ISSUED BY THE

2ND RESPONDENT.

EXHIBIT P2 TRUE PHOTOCOPY OF RECEIPT NO.27 DATED

28/07/2020 OF THE 1ST RESPONDENT.