Shyju E vs The Authorised Officer
2022 Latest Caselaw 6903 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 6300 OF 2022
PETITIONER:

          SHYJU E,
          AGED 64 YEARS
          S/O. KELUKUTTY, ENGARAKKANDIYIL HOUSE,
          PILASSERY POST, KUNNAMANGALAM VIA, KOZHIKODE
          PIN - 673571.

          BY ADV NAMITHA JYOTHISH



RESPONDENTS:

    1     THE AUTHORISED OFFICER
          KUNNAMANGALAM CO-OPERATIVE RURAL BANK LTD.NO.F-1246,
          KUNNAMANGALAM P.O, KOZHIKODE - 673571.

    2     KUNNAMANGALAM CO-OPERATIVE RURAL BANK LTD.NO. F. 1246,
          KUNNAMANGALAM P.O, KOZHIKODE - 673571., REPRESENTED BY
          ITS MANAGER.

          BY ADV P.V.ANOOP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6300 OF 2022

                                  2

                            JUDGMENT

The petitioner has approached this Court being

aggrieved by coercive steps taken for recovery of the amounts

due to the respondents. This Court had directed stay of

further proceedings on condition that the petitioner shall

remit a sum of Rs.1,00,000/-. It is submitted that the said

amount has already been paid.

2. When the case is taken up today, the counsel for the

respondents on instruction submits that after crediting the

amount of Rs.1,00,000/- which was paid based on the

directions issued by this Court, a sum of Rs.13,68,909/- is due

on the loan account. The petitioner submits that he may be

permitted to pay a sum of Rs.9,00,000/- which represents the

principle amount and be allowed instalments for payment of

the balance amounts.

The above submission is recorded. In the result this writ

petition is disposed of directing the petitioner to pay a sum of

Rs.9,00,000/- within two days and the balance amounts

overdue shall be paid in eight equal monthly instalments. The WP(C) NO. 6300 OF 2022

1st instalment shall be paid on or before 15.07.2022 and the

subsequent instalments on or before the 15 th of the

succeeding months. If the petitioner makes any continuous

default in three instalments, the respondents are free to

continue with the recovery proceedings. Steps for recovery

shall be kept in abeyance to facilitate the payment by

instalments.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 6300 OF 2022

APPENDIX OF WP(C) 6300/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 12.01.2022 ISSUED BY THE 2ND RESPONDENT.