P.K.Vijayamma vs The Special Sales Officer
2022 Latest Caselaw 2652 Ker

WP(C) NO. 5942 OF 2022             1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
      FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                         WP(C) NO. 5942 OF 2022
PETITIONER/S:

             P.K.VIJAYAMMA,W/O. MANOHARAN, KALLUPARAMBIL HOUSE,
             KIZHAKKETHIL, P.O PULIYANNOOR, PALA, PIN 686 573
             BY ADV PRASAD CHANDRAN


RESPONDENT/S:

     1       THE SPECIAL SALES OFFICER
             THE MEENACHIL CO-OPERATIVE AGRICULTURE   AND RURAL
             DEVELOPMENT BANK LTD NO. 197,PALA, P.B   NO. 35, PIN 686
             565
     2       THE SECRETARY
             THE MEENACHIL CO-OPERATIVE AGRICULTURE   AND RURAL
             DEVELOPMENT BANK LTD NO. 197,PALA, P.B   NO. 35, PIN 686
             565
             BY ADV SUNIL CYRIAC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5942 OF 2022                   2

                                  JUDGMENT

Repayment of the credit facility availed by

the petitioners from the respondent Bank was

defaulted. Consequently, the Bank initiated steps

for recovery. Ext.P2 is the sale notice issued by

the Sale Officer scheduling the sale to be held

on 15.03.2022. The petitioner seeks for

instalment facility to wipe off the debt.

2. Heard learned counsel on either sides.

3. Learned counsel for the petitioner

submits that the petitioner is in grave financial

constrains caused on account of the Covid-19

pandemic and seeks for an easy instalment

facility to wipe off the debt.

4. Having considered the submissions on

either sides and having considered the total

amount due, the Writ Petition is disposed of with

the following directions:-

a) The petitioner shall pay an amount of

Rs.50,000/- (Rupees Fifty Thousand only) towards

the debt on or before 15.03.2022.

b) The remaining amount, inclusive of

interest and costs, shall be paid in twelve equal

monthly instalments payable on or before the 15th

day of the succeeding months.

c) In case of default in payment of any

single instalment, the petitioner will lose the

benefit granted under this judgment.

Sd/-

SATHISH NINAN

JUDGE

sd

APPENDIX OF WP(C) 5942/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 02-12-2021 ISSUED BY THE 1ST RESPONDENT Exhibit P2 A TRUE COPY OF THE SALE NOTICE DATED 01-02-

2022 ISSUED BY THE 2ND RESPONDENT.