Indira S vs The Special Arbritrator Cum ...
2022 Latest Caselaw 3487 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                             WP(C) NO. 35978 OF 2019
PETITIONER:

              INDIRA S.,
              AGED 65 YEARS
              W/O. LATE MUALIDHARAN, DILEEP BHAVAN, ELICODE P.O. KOLLAM.

              BY ADV M.R.SARIN



RESPONDENTS:

     1        THE SPECIAL ARBRITRATOR CUM SPECIAL OFFICER
              ELAMPAL SERVICE CO-OPERATIVE BANK GROUP OFFICE OF ASSISTANT
              (REGISTRAR) CO-OPERATIVE SOCIETIES (GENERAL), PATHANAPURAM,
              KOLLAM 689 695.

     2        ELAMPAL SERVICE CO-OPERTIVE BANK LTD
              NO. 604, ELAMPAL 691 322, REPRESENTED BY THE SECRETARY.

              BY ADVS.
              M.R.ANISON
              V.BHARGAVI (PANANGAD)




     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                        SATHISH NINAN, J.
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                    W.P.(C) No.35978 of 2019
              = = = = = = = = = = = = = = = = = =
             Dated this the 22nd day of March, 2022

                         J U D G M E N T

Petitioner is faced with an award passed in ARC

384/2019. She has approached this Court seeking for an

instalment facility to wipe off the liability.

2. Heard the learned counsel for the petitioner and

the learned Standing Counsel for the Bank.

3. Considering the financial constraints pointed

out, I am of the opinion that an instalment facility can

be afforded to the petitioner.

4. Accordingly the writ petition is disposed of

permitting the petitioner to pay off the entire debt due

to the Bank inclusive of interests and costs in ten

equal monthly instalments commencing from 31.03.2022.

The subsequent instalments shall be payable on or before

the 20th day of the succeeding months. In case of

default in payment of a single instalment, the W.P.(C) No.35978 of 2019

petitioner will lose the benefit granted under this

judgment and further proceedings for recovery can go on.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 35978/2019

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE ARC NO. 384/19 FIELD BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT .

EXHIBIT P2 THE TRUE COPY OF THE SUMMONS ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ON 19.12.2019.

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