CHANDRALEKHA v. STATE OF KERALA

I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the Bank. I have also heard the learned Government Pleader representing 1st respondent. W.P.(C) No.7293 of 2024 : 5 :

The specific case of the petitioner is that the petitioner has been making the repayment and maintaining the loan account initially. The default in repayment of the loan account occurred lately due to reasons beyond the control of the petitioner. The petitioner has provided substantial security which will safeguard the interest of the Bank.

In the facts and circumstances of the case, I am inclined to dispose of the writ petition giving a short and reasonable time to the petitioner to clear off her liability. It is made clear that if in the meanwhile the petitioner submits an application for benefit under the Risk Fund Benefit Scheme of the Co-operative Department and such amount is received, the said amount shall be adjusted against the dues payable by the petitioner.

The writ petition is therefore disposed of with the following directions: (i) The petitioner shall remit the overdue amount of ₹9,17,848/- in 10 equal and consecutive monthly instalments along with W.P.(C) No.7293 of 2024 : 6 : accruing interest and other Bank charges, if any. First of such instalments shall be paid on or before 20.06.2024. (ii) If the petitioner commits single default in making payments as directed above, the respondents will be at liberty to continue with coercive proceedings against the petitioner in accordance with law. (iii) The petitioner shall also pay current EMIs along with the aforesaid payments. (iv) If the petitioner pays the instalments as directed above, any coercive proceedings against the petitioner shall stand deferred. Sd/- N. NAGARESH JUDGE AMR W.P.(C) No.7293 of 2024 : 7 : APPENDIX OF WP(C) 7293/2024 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 TRUE COPY OF THE DEATH CERTIFICATE OF HER LATE HUSBAND DATED 11/07/2021. TRUE COPY OF THE NOTICE DATED 14/3/2023. TRUE COPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.