IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 14558 OF 2022
PETITIONER:
SUNNY GEORGE
AGED 57 YEARS
PUNAKKATTU HOUSE,
KALLURUTTY P .O.,
OMMASSERY,
KOZHIKODE - 673 582.
BY ADVS.
M. PROMODH KUMAR
MAYA CHANDRAN
RESPONDENTS:
1 AUTHORIZED OFFICER,
KERALA STATE CO-OPERATIVE BANK LTD.,
KALLAI ROAD,
KOZHIKODE - 673 002.
2 THE BRANCH MANAGER,
KERALA STATE CO-OPERATIVE BANK LTD,
OMMASSERY BRANCH,
V.P. PLAZA, OMMASSERY - 673 582.
SRI. P. C SASIDHARAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) NO.14558 OF 2022
2
JUDGMENT
The petitioner had availed a loan from the respondent bank for Rs.12,00,000/- on 18.12.2015 by mortgaging immovable property as security having an extent of 10.25 cents of land in Re-Survey No.7/2 of Neeleswaram Village. Due to the difficulties faced repayments were not made in time and the same led to proceedings for recovery against the petitioner.
2. The limited prayer of the petitioner in this writ petition is to grant instalment facility to pay the entire amounts due to the Bank.
3. The learned Standing Counsel for the respondent Bank, on instructions, submits that the total amount due as on today is Rs.21,19,648/-.
4. Taking into account the averments in the writ petition and after hearing the learned counsel on either side, I deem it appropriate to grant 18 equal monthly W.P.(C) NO.14558 OF 2022 3 instalment facility to the petitioner to wipe off the entire liability due to the respondent bank.
5. In the said circumstances this writ petition is disposed of permitting the petitioner to clear off the entire amounts due to the respondent bank in 18 equal monthly instalments starting from 15.05.2022.
6. It is made clear that if there are two defaults committed in paying the instalments at any time, the petitioner will lose the benefit of this order and the respondent bank will be at liberty to proceed against the petitioner on the basis of the recovery proceedings already initiated.
The writ petition is disposed of.
Sd/-
MOHAMMED NIAS C.P JUDGE SPR W.P.(C) NO.14558 OF 2022 4 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 05.12.2021.
EXHIBIT P2 TRUE COPY OF THE POSSESSION NOTICE DATED 25.03.2022.
RESPONDENTS EXHIBITS: NIL.