IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.8503 OF 2020(K)
PETITIONER:
RAJEEVAN,
AGED 40 YEARS
S/O.NANDAN MENON,
PADINJATTE VEEDU,
THIRUVANCHIKKULAM,
METHALA VILLAGE,
KODUNGALLOOR.
BY ADV. SRI.K.I.SAGEER
RESPONDENT:
THE THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED,
REP. BY ITS GENERAL MANAGER,
SAHAKARANA SASTHABDHI MANDIRAM,
THIRUVAMBADI,
THRISSUR - 680 022.
R1 BY SRI.P.C.SASIDHARAN, SC, THRISSUR DISTRICT
CO.OPERATIVE BANK LTD.
SC SRI.P.C SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8503 OF 2020
2
JUDGMENT
Dated this the 7th day of January 2021 The only prayer sought by the petitioner herein is that, he may be given some breathing time to pay of the entire liability due from him, on the strength of Exhibit P1. It was also submitted that, on 27.02.2020 he has remitted a sum of Rs. 1,15,000/- (Rupees one Lakh Fifteen Thousand Only).
2. The learned counsel for the respondent opposed the application by stating that, huge amounts are due from the petitioner.
3. However, having considered the limited prayer sought and also the reasons stated for seeking further installments, I am inclined to dispose of the writ petition with a direction that, the petitioner shall remit a sum of Rs.30,000/- (Rupees Thirty Thousand Only) with the respondent within a period of one month commencing from today. Thereafter the entire balance amount due, inclusive WP(C).No.8503 OF 2020 3 of the accrued interest shall be paid by the petitioner in ten equal monthly installments commencing from 08.02.2021, so that the entire amount can be paid out. In case of default of any monthly installment, the benefits under this judgment will be lost, and the bank will be entitled to recover the remaining amount in a lump by adopting to the procedure contemplated under law. In the meanwhile, no coercive steps shall be taken.
Sd/-
SUNIL THOMAS
JUDGE
Jms //True Copy// P.A to Judge
WP(C).No.8503 OF 2020
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTICE AND PETITION
ISSUED BY THE RESPONDENT IN ARC NO.583/19 DATED 07/11/2019.
EXHIBIT P2 A TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 27/02/2020.
EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED NIL.
//True Copy// P.A to Judge