Muraleedharan K. P vs The Assistant Registrar Of ...
2022 Latest Caselaw 3497 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. 8644 OF 2022
PETITIONER:

            MURALEEDHARAN K. P,AGED 54 YEARS,S/O. NANU,
            'SREYAS', TEMPLE GATE P. O., THALASSERY TALUK,
            KANNUR DISTRICT - 670102.

            BY ADVS.
            C.P.PEETHAMBARAN
            MINI.V.A.



RESPONDENTS:

    1       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL),OFFICE OF THE ASSISTANT REGISTRAR OF
            CO-OPERATIVE SOCIETIES (GENERAL), 3RD FLOOR,
            USNAS TOWER, NCC ROAD, PILAKKOOL, THALASSERY,
            KANNUR DISTRICT - 670101.

    2       KODIYERI SERVICE CO-OPERATIVE BANK,VAYALALAM
            BRANCH, NANGARATH PEEDIKA, TEMPLE GATE P. O.,
            THALASSERY, KANNUR - 670 102, REPRESENTED BY ITS
            AUTHORIZED OFFICER.

            ADV. SRI.M.SASINDRAN

            SR.G.P SMT. RESMI.K.M




     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   22.03.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) NO.8644 of 2022
                               2




                         JUDGMENT

Repayment of the credit facility availed by the

petitioner was defaulted. Recovery proceedings have

thereupon initiated by the Bank. Petitioner has

approached this Court seeking grant of an easy

instalment facility to wipe off the debt.

2. Heard the learned counsel for the petitioner

and the learned standing counsel for the Bank.

3. Considering the financial stringency pointed

out by the petitioner and also the total amount

involved, I am of the opinion that a reasonable

instalment facility can be afforded to the petitioner

to wipe off the debt.

Accordingly, the writ petition is disposed of

with the following directions:

1) The petitioner shall pay an amount of

Rs.15,000/- towards the debt on or before

31.03.2022.

W.P(C) NO.8644 of 2022

2) The balance amount payable, inclusive

of interest and costs, shall be paid in

fifteen equal monthly instalments

commencing from 20.04.2022.

3) Subsequent instalments shall be

payable on or before the 20 th day of the

succeeding months.

4) In case of default in payment 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 W.P(C) NO.8644 of 2022

APPENDIX OF WP(C) 8644/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TREATMENT CERTIFICATE DATED 13.01.2018 ISSUED FROM KOYILI HEART CENTRE, KANNUR TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 11.01.2022 ISSUED BY THE 1ST RESPONDENT.