IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WA.No. 2758 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27270/2009 Dated 02/11/2009 .................... APPELLANT(S): PETITIONER ------------------------ KHADEEJA, AGED 40 YEARS, KARAKKULAVAN HOUSE, KANDAMANGALAM.P.O., PALAKKAD-678583. BY ADV. SRI.S.SUDHISH KUMAR RESPONDENT(S): --------------- 1. THE KUMARAMPUTHUR CO-OPERATIVE HOUSING SOCIETY LTD., NO.913, KUMARAMPURHUR.P.O., REPRESENTED BY ITS SECRETARY. 2. SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES/ARBITRATOR-CUM-HOISING FEDERATION, KOZHIKODE. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.No.2758 of 2009 ----------------------------------------- Dated this the 23rd day of December, 2009 JUDGMENT Kurian Joseph, J. All that the appellant seeks is only a facility to repay the arrears in 20 instalments. We find that the term of the loan is upto 2016. The Bank is also realising penal interest for the defaulted amount. Therefore, in the peculiar facts and circumstances of the case, particularly taking note of the fact that the loan is fully secured, being a housing loan, we are of the view that in the interests of justice an opportunity shall be given to the appellant. Therefore, leaving open all the contentions of the parties we permit the appellant to remit the arrears, in addition to the current liability, if any, in 20 equal monthly instalments starting from the month of January, 2010. The amounts shall be paid before the 10th of every month. In the event of default of any two consecutive instalments it will be open to the Bank to W.A.No.2758 of 2009 -:2:- enforce the demand. There will also be a direction to the Bank to verify the accounts in view of the dispute now raised by the appellant about the statement of account given to her. The writ appeal is disposed of as above. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.A.No.2758 of 2009 ---------------------------- JUDGMENT 23rd December, 2009