P.George vs *1 The Kollam Coastal Urban ...
2021 Latest Caselaw 188 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                   THE HONOURABLE MR. JUSTICE SUNIL THOMAS

        TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                          WP(C).No.8468 OF 2020(G)


PETITIONER:

                 P.GEORGE
                 AGED 64 YEARS
                 S/O. PETER, RESIDING AT CARMEL BHAVANAM, MEENATHU CHERRY,
                 KAVANADU P O, KOLLAM DISTRICT.

                 BY ADV. SRI.N.SUNIL JOSEPH

RESPONDENTS:

       *1        THE KOLLAM COASTAL URBAN CO-OPERATIVE AGRICULTURAL BANK
                 LTD NO.3038
                 KOTTAMUKKU, KOLLAM, CUTCHERY P O, PIN-691013, REPRESENTED
                 BY ITS SECRETARY.

                 * THE PHRASE ' THE KOLLAM COASTAL URBAN CO-OPERATIVE
                 AGRICULTURAL BANK LTD. NO.308' APPEARING IN THE ADDRESS
                 PORTION OF THE 1ST AND 2ND RESPONDENTS IS CORRECTED AS
                 'THE COASTAL URBAN CO-OPERATIVE BANK LTD NO.3036' AS PER
                 ORDER DATED 18.03.2020 IN IA 1/20.

       *2        THE SECRETARY
                 THE KOLLAM COSTAL URBAN CO-OPERATIVE AGRICULTURAL BANK LTD
                 NO.3038, KOTTAMUKKU, KOLLAM, CUTCHERY (P.O) PIN-691013.

                 * THE PHRASE 'THE KOLLAM COASTAL URBAN CO-OPERATIVE
                 AGRICULTURAL BANK LTD. NO.308' APPEARING IN THE ADDRESS
                 PORTION OF THE 1ST AND 2ND RESPONDENTS IS CORRECTED AS
                 'THE COASTAL URBAN CO-OPERATIVE BANK LTD NO.3036' AS PER
                 ORDER DATED 18.03.2020 IN IA 1/20.

       3         THE ASSISTANT REGISTRAR/ARBITRATOR
                 CYM SPECIAL SALE OFFICER, COSTAL URBAN CO-OPERATIVE
                 AGRICULTURAL BANK LTD NO.3036, KOTTAMUKKU, KOLLAM,
                 CUTCHERY (P.O) PIN-691013.

                 R1-2 BY ADV. SRI.SUBHASH CYRIAC
                 R1-2 BY ADV. SRI.S.SREEJITH

OTHER PRESENT:

                 SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION                ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8468 OF 2020(G)
                                  2




                           JUDGMENT

Dated this the 5th day of January 2021

The petitioner has approached this Court, aggrieved

by the steps taken for recovery of money due from him

to the second respondent. The Writ Petitioner has set up

financial difficulties as the reason.

2. After hearing the learned Counsel for the

second respondent and the learned Counsel for the

petitioner, I am inclined to take a lenient view and to

direct the second respondent to permit the petitioner

herein, to discharge the entire liability in six equal

monthly installments commencing from 05.02.2021 so

that by the end of the sixth installment, the entire

principal amount and the interest accrued till then can be

paid off. If any of the installments is defaulted, the

petitioner will forfeit the relief of monthly installment and

the entire amount due thereafter will become payable, for

which the bank will be entitled to initiate appropriate WP(C).No.8468 OF 2020(G)

legal proceedings.

The writ petition is accordingly disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/5-1 WP(C).No.8468 OF 2020(G)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PASSBOOK ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE NOTICE OF THE 3RD RESPONDENT.

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE