LAWS(KER)-2019-12-233

MARIAM THOMAS Vs. VAIKOM URBAN CO-OPERATIVE BANK

Decided On December 31, 2019
Mariam Thomas Appellant
V/S
Vaikom Urban Co-Operative Bank Respondents

JUDGEMENT

(1.) The petitioner and the respondents 2 and 3, who are the grandson and daughter-in-law of the petitioner, had availed a loan from the 1st respondent-bank. Due to financial difficulties, the petitioner and the respondents 2 and 3 could not repay the loan amount within the stipulated time period. Ext.P1 physical possession notice was issued by the Chief Judicial Magistrate Court, Kottayam and an Advocate Commissioner was appointed, who has issued Ext.P2 notice. According to the petitioner, the respondents 2 and 3 are presently employed abroad and they have expressed their willingness to pay off the entire outstanding amount in twelve equated monthly installments.

(2.) Having regard to the fact that the respondents 2 and 3 are sailing with the petitioner, I dispense the notice to them.

(3.) Heard Sri.M.R.Abhilash, learned counsel for the petitioner and Sri.Julian Xavier, learned Standing Counsel for the 1 st respondent.