Sunny George vs Authorized Officer, Kerala State ...
2022 Latest Caselaw 4870 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                      WP(C) NO. 14558 OF 2022
PETITIONER:

             SUNNY GEORGE
             AGED 57 YEARS
             PUNAKKATTU HOUSE,
             KALLURUTTY P .O.,
             OMMASSERY,
             KOZHIKODE - 673 582.

             BY ADVS.
             M. PROMODH KUMAR
             MAYA CHANDRAN


RESPONDENTS:

      1      AUTHORIZED OFFICER,
             KERALA STATE CO-OPERATIVE BANK LTD.,
             KALLAI ROAD,
             KOZHIKODE - 673 002.
      2      THE BRANCH MANAGER,
             KERALA STATE CO-OPERATIVE BANK LTD,
             OMMASSERY BRANCH,
             V.P. PLAZA, OMMASSERY - 673 582.

             SRI. P. C SASIDHARAN - SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.04.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) NO.14558 OF 2022

                                 2



                           JUDGMENT

The petitioner had availed a loan from the respondent

bank for Rs.12,00,000/- on 18.12.2015 by mortgaging

immovable property as security having an extent of 10.25

cents of land in Re-Survey No.7/2 of Neeleswaram Village.

Due to the difficulties faced repayments were not made in

time and the same led to proceedings for recovery against

the petitioner.

2. The limited prayer of the petitioner in this writ

petition is to grant instalment facility to pay the entire

amounts due to the Bank.

3. The learned Standing Counsel for the respondent

Bank, on instructions, submits that the total amount due as

on today is Rs.21,19,648/-.

4. Taking into account the averments in the writ

petition and after hearing the learned counsel on either

side, I deem it appropriate to grant 18 equal monthly W.P.(C) NO.14558 OF 2022

instalment facility to the petitioner to wipe off the entire

liability due to the respondent bank.

5. In the said circumstances this writ petition is

disposed of permitting the petitioner to clear off the entire

amounts due to the respondent bank in 18 equal monthly

instalments starting from 15.05.2022.

6. It is made clear that if there are two defaults

committed in paying the instalments at any time, the

petitioner will lose the benefit of this order and the

respondent bank will be at liberty to proceed against the

petitioner on the basis of the recovery proceedings already

initiated.

The writ petition is disposed of.

Sd/-

MOHAMMED NIAS C.P JUDGE SPR W.P.(C) NO.14558 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 05.12.2021.

EXHIBIT P2 TRUE COPY OF THE POSSESSION NOTICE DATED 25.03.2022.

    RESPONDENTS EXHIBITS:    NIL.