Bijukumar P vs Thiruvananthapuram ...
2022 Latest Caselaw 4305 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
 THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                    WP(C) NO. 12597 OF 2022
PETITIONERS:

    1       BIJUKUMAR P.,MULLUVILA VEEDU, UCHAKKADA,
            VENGANOOR P.O., THIRUVANANTHAPURAM 695 523.

    2       SUJA R.V., MULLUVILA VEEDU, UCHAKKADA, VENGANOOR
            P.O., THIRUVANANTHAPURAM 695 523.

            BY ADVS.
            K.M.ANEESH
            K.SANTHOSH KUMAR (KALIYANAM)
            ADARSH KUMAR
            BIJU VARGHESE ABRAHAM
            DILEEP CHANDRAN
            SHASHANK DEVAN



RESPONDENTS:

    1       THIRUVANANTHAPURAM CO-OPERATIVE AGRICULTURAL
            RURAL DEVELOPMENT BANK LTD. NO. T. 170, HOUSING
            BOARD JUNCTION, THIRUVANANTHAPURAM 695 001,
            REPRESENTED BY ITS MANAGER, NEMAM BRANCH.

    2       THE SPECIAL SALE OFFICER, THIRUVANANTHAPURAM CO
            -OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK
            LTD., ONO. T. 170, HOUSING BOARD JUNCTION,
            THIRUVANANTHAPURAM 695 001.


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   07.04.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) NO.12597 of 2022
                              2


                          JUDGMENT

Repayment of the credit facilities availed by

the petitioners from the respondent Bank was

defaulted. The Bank proposes to recover the debt by

sale of the immovable property of the petitioners.

The petitioners seek for an easy instalment facility

to wipe off the debt.

2. Heard the learned counsel for the petitioners

and the learned standing counsel for the Bank.

3. Considering the financial stringency pointed

out by the petitioners and also the quantum of the

amount involved, I am of the opinion that reasonable

instalment facility can be afforded to the

petitioners.

Accordingly, the writ petition is disposed of

with the following directions:

1) Petitioners shall pay an amount of

D 50,000/- on or before the date of sale.

2) The balance amount required to wipe

off the debt due to the bank, including W.P(C) NO.12597 of 2022

interest and costs, shall be paid in

twelve equal monthly instalments

commencing from 20.05.2022.

3) The subsequent instalments shall be

payable on or before the 20th day of the

succeeding months.

4) In case of default in payment of a

single instalment, the petitioners will

lose the benefit granted under this

judgment.

Sd/-

SATHISH NINAN, JUDGE vdv W.P(C) NO.12597 of 2022

APPENDIX OF WP(C) 12597/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LOAN SANCTION LETTER DATED 23/06/2012 IN CONNECTION WITH THE CREDIT FACILITY OF RS.2,50,000/-.

Exhibit P2 THE TRUE COPY OF THE LETTER DATED MADE BY THE PETITIONERS 12/12/2012 TO THE IST RESPONDENT BANK.

Exhibit P3 THE TRUE COPY OF THE DEMAND NOTICE DATED 17/11/2017 FROM THE IST RESPONDENT BANK.

Exhibit P4 THE TRUE COPY OF THE SALE NOTICE DATED 23/12/2021 TO THE PETITIONERS BY THE RESPONDENT BANK.

Exhibit P5 THE TRUE COPY OF THE RECEIPT DATED 26/02/2021 ISSUED BY THE RESPONDENT FOR THE PAYMENT OF RS.1,00,000/-

Exhibit P6 THE TRUE COPY OF THE RECEIPT DATED 12/5/2021 ISSUED BY THE RESPONDENT FOR THE PAYMENT OF RS.1,00,000/-.

Exhibit P7 THE TRUE COPY OF THE RECEIPT DATED 26/07/2021 ISSUED BY THE RESPONDENT FOR THE PAYMENT OF RS. 50.000/-.

Exhibit P8 THE TRUE COPY OF THE JUDGMENT DATED 27/07/2021 IN WPC NO. 3669/2021.

Exhibit P9 THE TRUE COPY OF THE SALE NOTICE DATED 09/03/2022 TO THE PETITIONERS BY THE RESPONDENT BANK.

Exhibit P10 THE TRUE COPY OF THE PAPER PUBLICATION OF EXHIBIT P9 SALE NOTICE TAKEOUT IN DHESHABHIMANI DAILY DATED 16/03/2022.

Exhibit P11 THE TRUE COPY OF CIRCULAR NO. 70/2013 DATED 22/11/2013 ISSUED BY THE W.P(C) NO.12597 of 2022

REGISTRAR, OFFICER OF THE REGISTRAR, CO- OPERATIVE SOCIETY, THIRUVANANTHAPURAM.