Mansoor V.N vs Authorised Officer
2022 Latest Caselaw 5185 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
  TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
                     WP(C) NO. 14931 OF 2022
PETITIONER:

    1       MANSOOR V.N.
            AGED 47 YEARS,
            S/O. USMAN, RESIDING AT AYISHAGHAR,
            MADAPPALLY COLLEGE P.O, VATAKARA,
            KOZHIKODE DISTRICT, PIN 673 102.
            BY ADV C.SIVADAS


RESPONDENTS:

    1       AUTHORISED OFFICER,
            KERALA STATE CO-OPERATIVE BANK LTD.,
            RECOVERY DEPARTMENT, 503, KALLAI ROAD,
            CHALAPURAM, KOZHIKODE 673 002
    2       KERALA STATE CO-OPERATIVE BANK LTD.,
            AZHIYUR BRANCH, AZHIYUR P.O, KOZHIKODE
            DISTRICT 673 309, REPRESENTED BY
            ITS BRANCH MANAGER.


            BY SRI.P.C.SASIDHARAN, SC.



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   10.05.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.14931 of 2022                2




                                 T.R.RAVI, J.
                ------------------------------------------------
                      W.P(C) No.14931 of 2022
              ----------------------------------------------------
               Dated this the 10th day of May, 2022.

                            JUDGMENT

The petitioner seeks permission to pay off the amounts in

arrears in equal monthly instalments.

2. The learned Standing counsel on instructions submits

that the total amount outstanding is Rs.10,13,379/- . It is further

submitted that if the petitioner makes a lump sum payment within

one month, upto 8 instalment facility can be granted.

3. The petitioner seeks indulgence of this Court for 12

instalments.

The writ petition is disposed of directing the writ petitioner to

remit a sum of Rs.2 Lakhs on or before 14-06-2022. If the

petitioner makes such payment, he shall be permitted to pay off the

balance amounts in 12 equal monthly instalments, the first

instalment falling due on 13-07-2022 and the subsequent

instalment on the 13th of the succeeding months. The recovery steps

shall be kept in abeyance for such period to facilitate the payment in

instalments.

If the petitioner fails two consecutive defaults in the payment

of instalments, the respondents are free to continue the recovery

proceedings.

Sd/-

                                               T.R.RAVI, JUDGE


amk





                      APPENDIX OF WP(C) 14931/2022

PETITIONER'S        EXHIBITS :


Exhibit P1           TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED

BY IMHANS, KOZHIKODE DATED 29-08-2019 TO THE PETITIONER Exhibit P2 TRUE COPY OF FURTHER ACTION NOTICE DATED 20-10-2021 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED 07-12-2021 ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE POSSESSION NOTICE DATED 19-03-2022 ISSUED BY THE 1ST RESPONDENT