IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

FRIDAY, THE 19^TH DAY OF MAY 2023 / 29TH VAISAKHA, 1945 WP(C) NO. 43039 OF 2022 PETITIONER/S:

PRATHAPAN S AGED 55 YEARS S/O. LATE SREEDHARAN, OLICKAL MELATHIL, AYCKADU, KODUMON, PATHANAMTHITTA, PIN - 691555 BY ADVS.

BALAMURALI K.P.

M.B.SOORI SARICA A.R.

ATHEESHA M.V. RESPONDENT/S:

1 THE PRIMARY CO-OPEARATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.

P T 235. ADOOR. REPRESENTED BY ITS SECRETARY., PIN -

691525

2 SPECIAL SALE OFFICER THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. P T 235. ADOOR., PIN - 691525 BY ADVS.

FOR R1 BY GEORGE ABRAHAM PACHAYIL FOR R2 BY SMT. DEEPA V., GOVT.PLEADER OTHER PRESENT:

ADV DEEPA V -GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT The petitioner has availed a loan for an amount of Rs.3,00,000/- from the 1^st respondent Bank in the year, 2015 for the purpose of renovation of house and cattle rearing. The petitioner submits that he is a cancer patient and due to financial stringency on account of his illness, he could not repay the loan as agreed upon. The petitioner further submits that he had remitted an amount of Rs.2 lakhs towards the loan amount. The petitioner submits that arbitration proceedings for realization of the loan amount was initiated by the 1^st respondent, consequent to which Exhibit P2 demand notice dated 27.11.2022 has been issued by the 2^nd respondent calling upon the petitioner to remit the amount as stated in the award failing which the residential property would be attached and sold for realization of the amount defaulted. The petitioner is aggrieved by Exhibit P2 notice, hence this Writ Petition.

2. Heard Sri. Balamurali K.P., the learned counsel for the petitioner, Sri. George Abraham Pachayil, the learned counsel for the 1^st respondent and Smt. Deepa V., the learned Government Pleader for the 2^nd respondent.

3. The learned counsel appearing for the Bank submits that as on date, an amount of Rs.4,04,773/- is overdue in the loan. It is submitted by the learned counsel for the Bank upon instructions that, they are amenable for granting an opportunity to the petitioner to regularise the loan account by paying the entire instalment overdue along with interest in reasonable monthly instalments.

In such circumstances, this writ petition is disposed of granting an opportunity to the petitioner to regularise the loan account by paying the instalment overdue as mentioned above along with interest due thereon in 12 equal monthly instalments commencing from 20.6.2023 onwards. The subsequent instalments shall be paid by the petitioner on 20^th day of every succeeding months. Along with the aforesaid payment, regular monthly instalment shall also be paid. In case of default on the part of the petitioner in payment of any of the instalments including regular monthly instalments, the aforesaid facility shall stand cancelled, upon which the Bank will be at liberty to proceed with the recovery proceedings. Subject to the above direction, the recovery proceedings against the petitioner is directed to be kept in abeyance.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE pkk APPENDIX OF WP(C) 43039/2022 PETITIONER’S EXHIBITS:

ExhibitP1 THE TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER DATED 24-11-2021 ISSUED FROM THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM.

ExhibitP2 THE TRUE COPY OF THE DEMAND NOTICE IN E.P NO. 131/2017 ISSUED BY THE 2ND RESPONDENT.

ExhibitP3 THE TRUE COPY OF THE ENVELOPE DATED 24-12-

2022 CONTAINED THE EXHIBIT P2 DEMAND NOTICE.

ExhibitP4 THE TRUE COPY OF THE RECEIPT DATED 18-10-

2021 ISSUED FROM THE 1ST RESPONDENT BANK.