Annamma John Mukalel vs Vellarikundu Primary ...
2022 Latest Caselaw 5459 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
  FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                     WP(C) NO. 8967 OF 2022
PETITIONERS:

    1       ANNAMMA JOHN MUKALEL,AGED 47 YEARS
            W/O.JOHN MAKALEL, CHAVARAGIRI P.O., PALAWAYAL,
            KASARAGOD DISTRICT, PIN- 670 511.

    2       JOHN MUKALEL,AGED 53 YEARS
            S/O.DEVASSIYA, CHAVARAGIRI, P.O.PALAWAYAL,
            KASARGOD DISTRICT, PIN - 670 511.

            BY ADVS.
            C.P.PEETHAMBARAN
            P.T.SHEELA


RESPONDENTS:

    1       VELLARIKUNDU PRIMARY CO-OPERATIVE AGRICULTURAL
            AND RURAL DEVELOPMENT BANK LTD.
            NO.S-539, CHITTARIKKAL BRANCH, P.O.CHITTARIKKAL,
            KASARGOD DISTRICT, PIN - 671 326 REPRESENTED BY
            ITS BRANCH MANAGER.

    2       THE SPECIAL SALE OFFICER
            VELLARIKUNDU PRIMARY CO-OPERATIVE AGRICULTURAL
            AND RURAL DEVELOPMENT BANK LTD.NO.S-539,
            P.O.BHEEMANADI, KASARGOD DISTRICT, PIN - 671 314.

            BY ADV KODOTH SREEDHARAN




     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   20.05.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.8967 of 2022
                                     2


                       Sathish Ninan, J.
                ==============================
                    W.P(C) No.8967 of 2022
                  ==========================
             Dated this the 20th day of May, 2022

                               JUDGMENT

Repayment of the credit facilities availed by the

petitioners from the respondent Bank was defaulted.

Steps have been taken by the Bank for realisation of

the debt by sale of the immovable property of the

petitioners. The Writ Petition is filed seeking grant

of instalment facility to wipe off the debt.

2. Heard the learned counsel on either sides.

After considering the rival submissions, the

quantum of amount involved and the fact that the

Execution Petitions are of the year 2021, the writ

petition is disposed of with the following directions:-

(i) The petitioners are permitted to wipe off the

entire debt due to the Bank in eighteen monthly

instalments commencing from 20.06.2022. (ii) The

subsequent instalments shall be payable on or before

the 15th day of the subsequent months. W.P(C) No.8967 of 2022

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

instalment, the petitioners will lose the benefit

granted under this judgment.

Sd/- Sathish Ninan, Judge

vdv W.P(C) No.8967 of 2022

APPENDIX OF WP(C) 8967/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 15/2/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS REGARDING LOAN NO.73/THNB.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 15/2/2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS REGARDING LOAN NO.141/THSF.