Vasudevan Nair K vs Trivandrum Co-Operative ...
2021 Latest Caselaw 15808 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE SUNIL THOMAS
       FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                      WP(C) NO. 4163 OF 2021
PETITIONER/S:

          VASUDEVAN NAIR K
          AGED 79 YEARS
          S/O KRISHNA PILLAI,VALIYILPUTHEN VEEDU,
          VAZHATTUKONAM,VATTIYOORKAVU.P.O,
          THIRUVANANTHAPURAM-695013.

          BY ADV J.G.SYAMNATH



RESPONDENT/S:

          TRIVANDRUM CO-OPERATIVE AGRICULTURAL AND RURAL
          DEVELOPMENT BANK
          HOUSING BOARD JN.,THIRUVANANTHAPURAM-695001.
          REPRESENTED BY ITS ATHORIZED OFFICER.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4163 OF 2021
                                  2



                         JUDGMENT

The petitioner, pursuant to Ext.P1 notice informing him

about the default committed by him in repaying the loan

amount and that his property is liable to be sold in execution

has rushed to this court. By an interim order granted by this

court, the petitioner was directed to remit a sum of

Rs.1,00,000/- (Rupees one lakh only), a stay was granted.

It has now been reported that the petitioner has remitted the

amount within extended time.

2. Heard the learned counsel for the petitioner and

the learned counsel for the respondent. Considering the fact

that as per Ext.P1 notice, as on 22.12.2020 the due was

Rs.6,41,493/- (Rupees six lakhs forty one thousand four

hundred ninety three only) and that out of it, Rs.1,00,000/-

(Rupees one lakh only) has already been remitted and also

the interest that has accrued thereafter, I am inclined to

grant the petitioner some relief. Accordingly, the Writ

Petition is dispossed of, directing the petitioner to remit the

entire balance amount in 12 equal monthly installments WP(C) NO. 4163 OF 2021

commencing from 01.09.2021 onwards. In case of default

of any installment, this benefit will be lost and the bank will

be entitled to recover the entire amount in installments by

initiating appropriate legal proceedings.

Writ Petition is disposed of accordingly.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C) NO. 4163 OF 2021

APPENDIX OF WP(C) 4163/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE NOTICE ISSUED FROM THE BANK DATED 21.01.2021 (ENGLISH TRANSLATION PRODUCED)

EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED FROM THE BANK (ENGLISH TRANSLATION PRODUCED).