Praveen K. R vs Special Sale Officer
2021 Latest Caselaw 19317 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
      TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                             WP(C) NO. 18867 OF 2021
PETITIONER:

              PRAVEEN K. R.
              AGED 42 YEARS
              S/O. K. G. RAJENDRA PRASANNAN, KADAKKETHU PRANAVAM,
              PUTHENKOTTACKAKAM, CHENNITHALA P. O., MAVELIKKARA - 690
              105.

              BY ADVS.
              GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
              A.R.DILEEP
              P.J.JOE PAUL
              MANU SRINATH
              RAJAN G. GEORGE



RESPONDENTS:

     1        SPECIAL SALE OFFICER
              OFFICE OF ASSISTANT REGISTRAR GENERAL OFFICE, THEKKEKKARA
              SCB GROUP FOR ARBITRATION AND EXECUTION, MAVELIKKARA - 690
              101.

     2        MAVEKIKARA TALUK CO-OPERATIVE BANK LTD. NO.707
              REPRESENTED BY ITS SECRETARY, PULIMOODU JUNCTION,
              MAVELIKKARA, ALAPPUZHA - 690 101.

              BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                SATHISH NINAN, J.
               = = = =      = = = = = = = = = = = = = =
                    W.      P. (C) No.18867 of 2021
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            Dated this      the 14th day of September, 2021

                                 J U D G M E N T

The petitioner availed a credit facility from the

second respondent Bank. On the default of the petitioner

to repay the loan amount, the Bank initiated ARC

proceedings which resulted in an award. Steps are being

taken by the Bank for recovery of the award amount,

pursuant to which Ext.P2 attachment notice has been

issued to the petitioner. The petitioner confines his

relief for grant of an easy instalment facility to wipe

off the entire debt.

2. Heard the learned counsel for the petitioner and

also the learned Standing Counsel for the second

respondent Bank.

3. Taking note of the financial constraints

projected by the petitioner and the willingness

expressed by him to have the entire debt wiped off in

instalments, I am of the opinion that reasonable W. P. (C) No.18867 of 2021

instalment facility could be afforded to the petitioner.

Accordingly the writ petition is disposed of

permitting the petitioner to pay off the entire decree

debt with interest and costs in twelve equal instalments

commencing from 20.10.2021. The remaining instalments

shall be payable on or before the 20 th day of every

succeeding months. In the event of default in payment of

any single instalment, the petitioner shall not be

entitled for the benefit granted under this judgment and

further proceedings for recovery can go on.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 18867/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PASSBOOK OF LOAN ACCOUNT AVAILED BY THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE NOTICE DATED 02.09.2021 ISSUED BY THE 1ST RESPONDENT.

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