Mercy John vs The Special Sale Officer
2022 Latest Caselaw 3642 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                              WP(C) NO. 9544 OF 2022
PETITIONER:

              MERCY JOHN
              AGED 55 YEARS
              W/O. JOHN M.J., RESIDING AT MUNDIYANIKKAL HOUSE, PADUPPU,
              SHANKARANPADI P.O., KASARAGOD DISTRICT-671121.

              BY ADVS.
              T.MADHU
              C.R.SARADAMANI
              SHAHID AZEEZ
              RENJISH S. MENON



RESPONDENTS:

     1        THE SPECIAL SALE OFFICER
              KERALA STATE CO-OPERATIVE BANK, KANNUR REGION, KANNUR-
              670002.

     2        THE ASSISTANT REGISTRAR,
              KERALA STATE CO-OPERATIVE BANK LTD., KANNUR REGION-670002.

     3        THE MANAGER,
              KERALA STATE CO-OPERATIVE BANK, BANDADKA BRANCH, KASARAGOD
              DISTRICT-671541.




              SR.G.P. SRI. BIMAL.K.NATH




     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
          = = = = = = = = = = = = = = = = = =
                W.P.(C) No.9544 of 2022
          = = = = = = = = = = = = = = = = = =
         Dated this the 24th day of March, 2022

                      J U D G M E N T

Repayment of the credit facility availed by the

petitioner from the respondent Bank was defaulted. The

Bank filed ARC proceedings and an award was passed in

the year 2020. EP 18/2021 has been filed by the Bank for

recovery of the award amount. It is at that stage that

the petitioner has approached this Court. The petitioner

seeks for an instalment facility to wipe off the debt.

2. Heard the learned counsel for the petitioner and

the learned Standing Counsel for the Bank.

3. The execution petition is of the year 2021.

Considering the entire circumstances including the

financial constraints pointed out by the petitioner and

also the quantum of the debt, I am of the opinion that a

reasonable instalment facility can be afforded.

4. Accordingly the writ petition is disposed of

with the following directions:- W.P.(C) No.9544 of 2022

(i) The petitioner shall pay an amount of

`25,000/- towards the debt on or before 31.03.2022.

(ii) The entire balance amount inclusive of

interest and costs shall be paid in twenty equal monthly

instalments commencing from 30.03.2022.

(iii) The subsequent instalments shall be payable

on or before the 20th day of the succeeding months.

(iv) In case of default in payment of a single

instalment, the petitioner will lose the benefit granted

under this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 9544/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE AWARD DATED 14.8.2020 IN ARC NO.2/2020 ON THE FILES OF THE SECOND RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 7.12.2021 IN E.P.NO.18/2021 ON THE FILES OF THE FIRST RESPONDENT.

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