IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 11945 OF 2022
PETITIONER:
SUBRAMANYA BHAT
AGED 64 YEARS
S/O.MADHAVA BHAT, KAJAMPADY HOUSE, MANJESHWAR TALUK,
PADRE P.O., KASARAGOD DISTRICT, PIN - 671 552.
BY ADVS.
PUSHPARAJAN KODOTH
K.JAYESH MOHANKUMAR
VANDANA MENON
VIMAL VIJAY
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
KASARAGOD - 671 121.
2 THE SPECIAL SALE OFFICER
MANJESHWARAM PRIMARY CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD.NO.538, P.O.UPPALA,
KASARAGOD, PIN - 671 322.
3 THE MANJESHWARAM PRIMARY CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.538,
P.O.UPPALA, KASARAGOD, PIN - 671 322, REPRESENTED BY
THE SECRETARY.
R1 SMT. MABLE. C. KURAIN, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11945 OF 2022
2
T.R. RAVI, J.
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W.P.(C)No.11945 of 2022
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Dated this the 7th day of July, 2022
JUDGMENT
The petitioner has approached this Court seeking permission to pay off the amounts due to the 3 rd respondent in easy instalments. This Court had issued an interim order staying further proceedings for recovery on condition that the petitioner pays a sum of Rs.50,000/-. It is submitted that the said amount has been deposited.
2. The counsel for the respondents 2 and 3 on instructions submits that petitioner can be permitted to pay the amount in instalments.
In the above circumstances, this writ petition is disposed of directing the petitioner to pay the overdue amount in ten equal monthly instalments, the first instalment falling due on or before 10.08.2022 and the subsequent instalments falling due on or before the 10th day of the succeeding months. The above said instalments shall be paid along with the regular monthly WP(C) NO. 11945 OF 2022 3 instalments. If the petitioner makes default in payment of two consecutive instalments, the respondents will be at liberty to continue with the coercive steps for recovery. Steps for recovery shall be kept in abeyance to facilitate the payment of instalments.
Sd/-
T.R.RAVI JUDGE LEK WP(C) NO. 11945 OF 2022 4 APPENDIX OF WP(C) 11945/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LOAN LEDGER ISSUED BY THE 3RD RESPONDENT BANK TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE CERTIFICATE OF DISABILITY ISSUED TO THE PETITIONER'S BROTHER'S SON PRITHEESH K. BY THE GOVERNMENT OF KERALA DATED 09/07/2019. Exhibit P3 TRUE COPY OF THE SALE NOTICE DATED 15/03/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER PUTTING THE PROPERTY MORTGAGED BY THE PETITIONER TO 21/04/2022.