Abdul Rahman vs The Special Sale Officer
2022 Latest Caselaw 3705 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. 9842 OF 2022
PETITIONER:

              ABDUL RAHMAN
              AGED 60 YEARS
              S/O.ABDULLA HAJI, RESIDING AT MAVILA KADAPPURAM, ORIYARA,
              VALIYAPARAMBA VILLAGE, MAVILA KADAPPURAM POST, KASARAGOD
              DISTRICT-671 121

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



RESPONDENTS:

     1        THE SPECIAL SALE OFFICER
              THE HOSDURG PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
              DEVELOPMENT BANK LTD., NO.C 390, KANHANGAD P.O., KASARAGOD
              DISTRICT-671 315

     2        THE HOSDURG PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
              DEVELOPMENT BANK LTD.,
              NO.C 390, KANHANGAD P.O., KASARAGOD DISTRICT-671 315,
              REPRESENTED BY ITS SECRETARY

              BY ADVS.
              T.R.HARIKUMAR
              ARJUN RAGHAVAN




     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.9842 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 has initiated recovery proceedings. Ext.P1 is the

sale notice proposing for sale of the petitioner's

property on 24.03.2022. Petitioner seeks for an

instalment facility to wipe off the debt.

Heard the learned counsel for the petitioner and

the learned Standing Counsel for the Bank.

Considering the financial constraints pointed out

by the petitioner and also the total amount involved, I

am of the opinion that a reasonable facility can be

afforded to the petitioner.

Accordingly the writ petition is disposed of with

the following directions:-

(i) The petitioner shall pay an amount of ` 50,000/-

towards the debt on or before 31.03.2022. W.P.(C) No.9842 of 2022

(ii) The entire balance amount inclusive of

interest and costs shall be paid in twelve equal monthly

instalments commencing from 30.04.2022.

(iii) The subsequent instalment 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) 9842/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SALE PROCLAMATION DATED 7.2.2022 ISSUED BY THE FIRST RESPONDENT

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