Rajeevan vs The Thrissur District ...
2021 Latest Caselaw 552 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                      WP(C).No.8503 OF 2020(K)


PETITIONER:

              RAJEEVAN,
              AGED 40 YEARS
              S/O.NANDAN MENON,
              PADINJATTE VEEDU,
              THIRUVANCHIKKULAM,
              METHALA VILLAGE,
              KODUNGALLOOR.

              BY ADV. SRI.K.I.SAGEER

RESPONDENT:

              THE THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED,
              REP. BY ITS GENERAL MANAGER,
              SAHAKARANA SASTHABDHI MANDIRAM,
              THIRUVAMBADI,
              THRISSUR - 680 022.

              R1 BY SRI.P.C.SASIDHARAN, SC, THRISSUR DISTRICT
              CO.OPERATIVE BANK LTD.


              SC SRI.P.C SASIDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8503 OF 2020

                                         2




                                  JUDGMENT

Dated this the 7th day of January 2021

The only prayer sought by the petitioner herein

is that, he may be given some breathing time to pay

of the entire liability due from him, on the

strength of Exhibit P1. It was also submitted that,

on 27.02.2020 he has remitted a sum of Rs.

1,15,000/- (Rupees one Lakh Fifteen Thousand Only).

2. The learned counsel for the respondent

opposed the application by stating that, huge

amounts are due from the petitioner.

3. However, having considered the limited

prayer sought and also the reasons stated for

seeking further installments, I am inclined to

dispose of the writ petition with a direction that,

the petitioner shall remit a sum of Rs.30,000/-

(Rupees Thirty Thousand Only) with the respondent

within a period of one month commencing from today.

Thereafter the entire balance amount due, inclusive WP(C).No.8503 OF 2020

of the accrued interest shall be paid by the

petitioner in ten equal monthly installments

commencing from 08.02.2021, so that the entire

amount can be paid out. In case of default of any

monthly installment, the benefits under this

judgment will be lost, and the bank will be entitled

to recover the remaining amount in a lump by

adopting to the procedure contemplated under law. In

the meanwhile, no coercive steps shall be taken.

Sd/-

                                            SUNIL THOMAS
                                                    JUDGE




Jms                             //True Copy//   P.A to Judge
 WP(C).No.8503 OF 2020





                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1              A TRUE COPY OF THE NOTICE AND PETITION

ISSUED BY THE RESPONDENT IN ARC NO.583/19 DATED 07/11/2019.

EXHIBIT P2 A TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 27/02/2020.

EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED NIL.

//True Copy// P.A to Judge