IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
WP(C) NO. 14931 OF 2022
PETITIONER:
1 MANSOOR V.N.
AGED 47 YEARS,
S/O. USMAN, RESIDING AT AYISHAGHAR,
MADAPPALLY COLLEGE P.O, VATAKARA,
KOZHIKODE DISTRICT, PIN 673 102.
BY ADV C.SIVADAS
RESPONDENTS:
1 AUTHORISED OFFICER,
KERALA STATE CO-OPERATIVE BANK LTD.,
RECOVERY DEPARTMENT, 503, KALLAI ROAD,
CHALAPURAM, KOZHIKODE 673 002
2 KERALA STATE CO-OPERATIVE BANK LTD.,
AZHIYUR BRANCH, AZHIYUR P.O, KOZHIKODE
DISTRICT 673 309, REPRESENTED BY
ITS BRANCH MANAGER.
BY SRI.P.C.SASIDHARAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.14931 of 2022 2
T.R.RAVI, J.
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W.P(C) No.14931 of 2022
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Dated this the 10th day of May, 2022.
JUDGMENT
The petitioner seeks permission to pay off the amounts in arrears in equal monthly instalments.
2. The learned Standing counsel on instructions submits that the total amount outstanding is Rs.10,13,379/- . It is further submitted that if the petitioner makes a lump sum payment within one month, upto 8 instalment facility can be granted.
3. The petitioner seeks indulgence of this Court for 12 instalments.
The writ petition is disposed of directing the writ petitioner to remit a sum of Rs.2 Lakhs on or before 14-06-2022. If the petitioner makes such payment, he shall be permitted to pay off the balance amounts in 12 equal monthly instalments, the first instalment falling due on 13-07-2022 and the subsequent instalment on the 13th of the succeeding months. The recovery steps shall be kept in abeyance for such period to facilitate the payment in W.P(C) No.14931 of 2022 3 instalments.
If the petitioner fails two consecutive defaults in the payment of instalments, the respondents are free to continue the recovery proceedings.
Sd/-
T.R.RAVI, JUDGE
amk
W.P(C) No.14931 of 2022 4
APPENDIX OF WP(C) 14931/2022
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED
BY IMHANS, KOZHIKODE DATED 29-08-2019 TO THE PETITIONER Exhibit P2 TRUE COPY OF FURTHER ACTION NOTICE DATED 20-10-2021 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED 07-12-2021 ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE POSSESSION NOTICE DATED 19-03-2022 ISSUED BY THE 1ST RESPONDENT