Shyju E vs The Authorised Officer

Citation : 2022 Latest Caselaw 6903 Ker
Judgement Date : 14 June, 2022

Kerala High Court
Shyju E vs The Authorised Officer on 14 June, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 6300 OF 2022
PETITIONER:

          SHYJU E,
          AGED 64 YEARS
          S/O. KELUKUTTY, ENGARAKKANDIYIL HOUSE,
          PILASSERY POST, KUNNAMANGALAM VIA, KOZHIKODE
          PIN - 673571.

          BY ADV NAMITHA JYOTHISH



RESPONDENTS:

    1     THE AUTHORISED OFFICER
          KUNNAMANGALAM CO-OPERATIVE RURAL BANK LTD.NO.F-1246,
          KUNNAMANGALAM P.O, KOZHIKODE - 673571.

    2     KUNNAMANGALAM CO-OPERATIVE RURAL BANK LTD.NO. F. 1246,
          KUNNAMANGALAM P.O, KOZHIKODE - 673571., REPRESENTED BY
          ITS MANAGER.

          BY ADV P.V.ANOOP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6300 OF 2022

                                  2

                            JUDGMENT

The petitioner has approached this Court being aggrieved by coercive steps taken for recovery of the amounts due to the respondents. This Court had directed stay of further proceedings on condition that the petitioner shall remit a sum of Rs.1,00,000/-. It is submitted that the said amount has already been paid.

2. When the case is taken up today, the counsel for the respondents on instruction submits that after crediting the amount of Rs.1,00,000/- which was paid based on the directions issued by this Court, a sum of Rs.13,68,909/- is due on the loan account. The petitioner submits that he may be permitted to pay a sum of Rs.9,00,000/- which represents the principle amount and be allowed instalments for payment of the balance amounts.

The above submission is recorded. In the result this writ petition is disposed of directing the petitioner to pay a sum of Rs.9,00,000/- within two days and the balance amounts overdue shall be paid in eight equal monthly instalments. The WP(C) NO. 6300 OF 2022 3 1st instalment shall be paid on or before 15.07.2022 and the subsequent instalments on or before the 15 th of the succeeding months. If the petitioner makes any continuous default in three instalments, the respondents are free to continue with the recovery proceedings. Steps for recovery shall be kept in abeyance to facilitate the payment by instalments.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 6300 OF 2022 4 APPENDIX OF WP(C) 6300/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED 12.01.2022 ISSUED BY THE 2ND RESPONDENT.