Kerala High Court
Sasikumar.P.,Ï¿¼ vs Thrissur Service Co-Operative ... on 31 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
WP(C) NO.11575 OF 2022
PETITIONER:
SASIKUMAR.P.
AGED 46 YEARS
KANDAMKUMARATH HOUSE, NETHAJI LANE,
GANDHI NAGAR, CHETTUPUZHA, THRISSUR-680 012.
BY ADVS.
N.ANILKUMAR
SINU.G.NATH
ROSEMOL ABRAHAM
GOKUL KRISHNA
RESPONDENTS:
1 THRISSUR SERVICE CO-OPERATIVE BANK LTD.,
REPRESENTED BY ITS SECRETARY, NO.R-1097,
THIRUVAMPADI P.O., PATTURAYIKKAL, THRISSUR-22.
2 SPECIAL SALE OFFICER/ARBITRATOR,
THRISSUR SERVICE CO OPERATIVE BANK LTD.NO.R-1097,
THIRUVAMPADI P.O., PATTURAYIKKAL, THRISSUR-22.
BY ADVS.
A.D.RAVINDRA PRASAD
ALEX VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.11575 of 2022
2
T.R.RAVI, J.
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WP(C) No.11575 of 2022
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Dated this the 31st day of August, 2022
JUDGMENT
Admit. Standing Counsel takes notice for the
respondents.
2. The prayer in the writ petition is for permission to the
petitioner to pay off the amounts due to the respondents in
easy instalments. At the stage of admission, this Court had
directed the petitioner to pay a sum of Rs.2.5 lakhs as a
condition for stay of recovery taking into account the fact that
a sum of Rs.5 lakhs had been paid subsequent to the award.
The above said amount of Rs.2.5 lakhs is stated to have been
paid.
3. The 1st respondent has filed an affidavit wherein it is
stated that an amount of Rs.18,76,113/- is the amount due as
on 11.07.2022. The Standing Counsel submits that the
petitioner can be permitted to pay the amounts in instalments
provided the payments are made regularly and the future
interest is also paid.
WP(C) No.11575 of 2022
In the above circumstances, the writ petition is disposed
of permitting the petitioner to pay off the amounts outstanding
in 12 equal monthly instalments, the first instalment falling
due on or before 06.10.2022 and the subsequent instalments
becoming payable on or before the 6th of the succeeding
months. The petitioner shall also pay the accrued interest on
the amounts. If the petitioner makes two consecutive defaults
in the payment of instalments as directed above, the
respondents are free to continue with the proceedings for
recovery. Coercive steps for recovery shall be kept in abeyance
for facilitating the payments by instalments as directed above.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) No.11575 of 2022
APPENDIX OF WP(C) 11575/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ADALATH INTIMATION NOTICE DATED
26.08.2021.
Exhibit P2 TRUE COPY OF THE WRITTEN REQUEST SUBMITTED BEFORE
THE 2ND RESPONDENT DATED 03.09.2021.
Exhibit P3 TRUE COPY OF THE CHEQUE DATED 07.09.2021 SUBMITTED
BY THE PETITIONER.
Exhibit P4 TRUE COPY OF THE ABOVE CIRCULAR NO.49/2021.
Exhibit P5 TRUE COPY OF THE NOTICE IN FORM NO.6 DATED
16.12.2021.
Exhibit P6 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT OF
KERALA IN WPC NO.30735/2021 DATED 21.02.2022.
Exhibit P7 TRUE COPY OF THE INTIMATION LETTER DATED 03.03.2022
REJECTING TH APPLICATION FILED BY THE PETITIONER.
RESPONDENT'S EXHIBITS
Exhibit R1(A) A TRUE COPY OF THE EXTRACT OF THE LEDGER ACCOUNT OF
THE MORTGAGE LOAN OF THE RESPONDENT AS ON 12/7/2022
Exhibit R1(B) A TRUE COPY OF THE STATEMENT OF THE OUTSTANDING
AMOUNT OF THE RESPONDENT IN THE MORTGAGE LOAN
ACCOUNT AS ON 11/7/2022
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
