Shinto vs The South Indian Bank, Chalakudy ...
2023 Latest Caselaw 4571 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                       WP(C) NO. 12346 OF 2023


PETITIONER:

          SHINTO,
          AGED 46 YEARS, S/O. DEVASSYKUTTY,
          THUPPARAMBAN HOUSE, MARAMKODU DESOM,
          KUTTICHIRA VILLAGE, CHALAKUDY TALUK,
          THRISSUR DISTRICT 680721

          BY ADV N.L.BITTO



RESPONDENTS:

    1     THE SOUTH INDIAN BANK,
          CHALAKUDY BRANCH,
          REP. BY ITS BRANCH MANAGER,
          CHALAKUDY P.O., CHALAKUDY TALUK,
          THRISSUR DISTRICT 680307

    2     THE SOUTH INDIAN BANK,
          CHALAKUDY BRANCH
          REP. BY ITS AUTHORISED OFFICER,
          REGIONAL OFFICE, IRINJALAKUDA P.O.,
          MUKUNDAPURAM TALUK, THRISSUR DISTRICT 680121

          SRI.MOHAN JACOB GEORGE, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12346 OF 2023
                                   2



                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No.12346 of 2023
               --------------------------------------------
                 Dated this the 12th day of April, 2023

                             JUDGMENT

The petitioner has approached this Court seeking permission to

pay off the amounts due to the respondent Bank in easy instalments.

The counsel for the respondents on instructions submits that as on

05.04.2023, an amount of ₹59,95,546/- is due to them.

In the above circumstances, this writ petition is disposed of

permitting the petitioner to pay off the amounts due along with

accrued interest and cost in 12 equal monthly instalments, the 1 st

instalment falling due on or before 12.05.2023 and the subsequent

instalments falling due on or before 12th of the succeeding months. If

the petitioner makes a single default in payment of instalments, the

respondents are at liberty to proceed with the steps for recovery.

Steps for recovery shall be kept in abeyance to facilitate the payment

of instalments.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 12346 OF 2023

APPENDIX OF WP(C) 12346/2023

PETITIONER'S EXHIBITS

Exhibit-P1 A TRUE COPY OF THE 8(1) NOTICE UNDER SARFESI ACT ISSUED BY THE RESPONDENTS DATED 27/10/2021

Exhibit-P2 A TRUE COPY OF THE NOTICE ISSUED BY THE COMMISSIONER IN MC.321 OF 2022 ALONG WITH HAND WRITTEN LEGIBLE COPY DATED 17/3/2023

Exhibit-P3 A TRUE COPY OF THE LETTER ISSUED FROM THE 1ST RESPONDENT DATED 3/4/2023