IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 9056 OF 2022
PETITIONER:
THOMAS PUTHIYARA,AGED 57 YEARS
S/O.THOMAS, PUTHIYARA HOUSE, KAMBALLOOR P.O.,
KASARGOD DISTRICT, PIN - 670 511.
BY ADVS.
C.P.PEETHAMBARAN
P.T.SHEELA
RESPONDENTS:
1 VELLARIKUNDU PRIMARY CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD NO. S-539
CHITTARIKKAL BRANCH, P.O.CHITTARIKKAL, KASARGOD
DISTRICT, PIN - 671 326, REPRESENTED BY ITS
BRANCH MANAGER.
2 THE SPECIAL SALE OFFICER
VELLARIKUNDU PRIMARY CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD.NO.S-539,
P.O.BHEEMANADI, KASARGOD DISTRICT, PIN - 671 314.
BY ADV KODOTH SREEDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.9056 of 2022
2
Sathish Ninan, J.
==============================
W.P(C) No.9056 of 2022
==========================
Dated this the 20th day of May, 2022
JUDGMENT
Repayment of the credit facilities availed by the petitioner from the respondent Bank was defaulted. Steps have been taken by the Bank for realisation of the debt by sale of the immovable property of the petitioner. The Writ Petition is filed seeking grant of an instalment facility to wipe off the debt.
2. Heard the learned counsel on either sides. After considering the rival submissions, the quantum of amount involved and the fact that the Execution Petitions are of the year 2021, the writ petition is disposed of with the following directions:-
(i) The petitioner is permitted to wipe off the entire debt due to the Bank in eighteen equal monthly instalments commencing from 20.06.2022. (ii) The subsequent instalments shall be payable on or before the 15th day of the subsequent months. W.P(C) No.9056 of 2022 3
(iii)In case of default in payment of a single instalment, the petitioner will lose the benefit granted under this judgment.
Sd/- Sathish Ninan, Judge vdv W.P(C) No.9056 of 2022 4 APPENDIX OF WP(C) 9056/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPIES OF THE NOTICE DATED 15/2/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER REGARDING LOAN NO.190/THNB.
Exhibit P1A TRUE COPIES OF THE NOTICE DATED 15/02/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER REGARDING LOAN NO.238/THSF.
Exhibit P1B TRUE COPIES OF THE NOTICE DATED 15/2/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER REGARDING LOAN NO.102/TKSE.