Spinks T. George vs Special Sale Officer
2022 Latest Caselaw 1871 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                       WP(C) NO. 4974 OF 2022
PETITIONER:

               SPINKS T. GEORGE,THYLAMMANAL HOUSE, ARUVITHURA
               P O, KOTTAYAM-686122.

               BY ADVS.
               SHAJI THOMAS
               JEN JAISON



RESPONDENTS:

    1          SPECIAL SALE OFFICER
               MEENACHIL CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK GROUP PALA, KOTTAYAM-686575.

    2          MEENACHIL CO-OPERATIVE AGRICULTURAL AND RURAL
               DEVELOPMENT BANK LTD NO.K.197.
               REPRESENTED BY ITS SECRETARY, PALA, KOTTAYAM
               DISTRICT-686575.

               BY ADV SUNIL CYRIAC




        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   18.02.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.4974 of 2022
                              2


                         JUDGMENT

Repayment of the loan availed by the petitioner

from the respondent bank was defaulted. Consequent

thereon, the bank initiated recovery proceedings. It

is thereupon, that the petitioner has approached

this Court. The petitioner seeks for a reasonable

instalment facility to pay off the liability.

2. Heard the learned counsel for the petitioner

and the learned standing counsel for the bank.

3. The petitioner is in grave financial

difficulties and shall have the debt cleared off in

instalments, is the submission of the petitioner.

4. Considering the entire circumstances, the

financial stringency pointed out by the petitioner,

and also the quantum involved, I am of the opinion

that a reasonable facility could be afforded to the

petitioners.

Accordingly, the writ petition is disposed of

with the following directions: WP(C) NO.4974 of 2022

1) Petitioner shall be permitted to have

the entire liability, with interest and

costs, cleared in eighteen equal monthly

instalments commencing from 15.03.2022.

2) The subsequent instalments shall be

payable on or before the 15th day of the

subsequent months.

3) In case of default of a single

instalment, the petitioner will lose the

benefit granted under this judgment and

further proceedings for recovery can go

on.

Sd/-

Sathish Ninan, Judge vdv WP(C) NO.4974 of 2022

APPENDIX OF WP(C) 4974/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE NOTICE DATED 02.02.2022 ISSUED NU THE 1ST RESPONDENT.

Exhibit P2 TRUE PHOTOCOPY OF THE JOB OFFER LETTER DATED 15.01.2022 ISSUED BY THE MANAGER, HOT'N'COOL SPECIAL.