Nisheeg P.V vs Canara Bank
2023 Latest Caselaw 4666 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. 9272 OF 2023
PETITIONERS:

    1     NISHEEG P.V.,
          S/O. NARAYANAN P.V, GASHEENA NIVAS, MARUTHAI.PORORA
          P.O., MATTANUR- 670702

    2     SUMESH K.P
          S/O KUNHAMBU, SUMESHALAYAM, PAYYAPARAMBA, PORORA P.O,
          MATTANUR, PIN - 670702

          BY ADV B.ANANTHU



RESPONDENTS:

    1     CANARA BANK
          REPRESENTED BY ITS MANAGER, MATTANNUR BRANCH, BUILDING
          NO.7/677 K, THALASSERY ROAD MATTANUR, MATTANUR, KANNUR,
          PIN - 670702

    2     THE AUTHORIZED OFFICER, CANARA BANK
          A.R.M BRANCH, 2ND FLOOR, CANARA BANK BUILDING, CHITTOOR
          ROAD, ERNAKULAM, PIN - 682016

    3     THE TAHSILDAR
          IRITTY TALUK, TALUK OFFICE, FIRST FLOOR, BUS STAND RD,
          IRITTY, KERALA, PIN - 670703

          SRI. M. GOPIKRISHNAN NAMBIAR, 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. 9272 OF 2023


                                  2




                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C).No.9272 of 2023
               --------------------------------------------
                 Dated this the 12th day of April, 2023


                                JUDGMENT

The prayer in the writ petition is to permit the petitioners to pay

off the amounts due to the respondents in easy instalments. The

Standing Counsel for the respondents on instructions submits that

the amount due is Rs.1,43,762/-. It is also submitted that they have

no objection in permitting the petitioners to pay off the amounts in

instalments, provided the payments are made regularly and the

future interest is also paid.

In the above circumstances, the writ petition is disposed of

directing the petitioners to pay off the amount of Rs.1,43,762/- along

with interest and cost in 6 equal monthly instalments, the first

instalment falling due on or before 12.05.2023 and the subsequent

instalments falling due on or before the 12th of the succeeding

months. If the petitioners make a single default in the payment of

instalments, as directed above the respondents will be at liberty to WP(C) NO. 9272 OF 2023

continue with coercive steps for recovery. The coercive steps initiated

shall be kept in abeyance to facilitate the payment of instalments as

directed above.

Sd/-

T.R.RAVI JUDGE

LEK WP(C) NO. 9272 OF 2023

APPENDIX OF WP(C) 9272/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT, DATED 13/12/2022

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 27.12.2022

Exhibit P3 TRUE COPY OF DEMAND NOTICE DATED 28/01/2023 ISSUED BY THE 3RD RESPONDENT