Mary Kuttiyanikkal vs Kerala State Co-Operative Bank ...
2022 Latest Caselaw 6484 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                      WP(C) NO. 17600 OF 2022


PETITIONER:

          MARY KUTTIYANIKKAL
          AGED 75 YEARS, W/O VARGHESE,
          KUTTIYANIKKAL HOUSE, KOTTIYOOR P.O,
          KANNUR DISTRICT, PIN - 670 651.

          BY ADVS.
          G.S.KRISHNAN KARTHA
          LIJIN THAMBAN



RESPONDENT:

          KERALA STATE CO-OPERATIVE BANK NO. C.266
          (EARSTWHILE KANNUR DISTRICT CO-OPERATIVE BANK LTD)
          KOTTIYOOR BRANCH, KOTTIYOOR P.O,
          KANNUR DISTRICT, PIN-670 303,
          REPRESENTED BY ITS AUTHORIZED OFFICER/GENERAL MANAGER.

          BY ADV M.SASINDRAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17600 OF 2022               2



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No. 17600 of 2022
                --------------------------------------------
                  Dated this the 8th day of June, 2022

                              JUDGMENT

The petitioner has approached this Court seeking permission to

pay the outstanding amounts due to the respondent in easy

instalments. Counsel for the 1st respondent on instructions submits

that an amount of ₹3,27,391/- is due from the petitioner and the

respondent has already proceeded with the execution proceedings. It

is submitted that if the petitioner is agreeable to remit the entire

amount within the financial year end, the request for instalments can

be considered.

The writ petition is hence disposed of directing the petitioner to

pay the amount ₹3,27,391/- with future interest in 9 equal monthly

instalments. The first instalment will fall due on or before 05.07.2022

and the subsequent instalments will be payable on or before 5 th of

every succeeding months. If the petitioner makes default in payment

of any two successive instalment, the respondents are at liberty to

proceed with the recovery. Steps for recovery shall be kept in

abeyance to facilitate the payment of instalment.

Sd/-

T.R. RAVI JUDGE Pn

APPENDIX OF WP(C) 17600/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE AWARD DATED 23-12.2020 PASSED BY THE DEPUTY REGISTRAR/ SPECIAL ARBITRATOR, KANNUR DISTRICT CO-OPERATIVE SOCIETY JOINT REGISTRAR (GENERAL) COURT IN CASE NO. 734/2020.