Rajeev T.P vs Axis Bank Limited
2023 Latest Caselaw 4955 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                      THE HONOURABLE MR. JUSTICE T.R.RAVI
         THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                            WP(C) NO. 26333 OF 2022
PETITIONERS:

     1       RAJEEV T.P
             AGED 43 YEARS
             S/O T N PAPPU, APARTMENT NO. 4D, 4TH FLOOR,
             CHOICE PARADISE APARTMENTS, NEAR CHOICE SCHOOL,
             THRIPUNITHURA, ERNAKULAM, PIN - 682301
     2       SHARMILAKUMARI
             AGED 41 YEARS
             W/O.RAJEEV T.P., APARTMENT NO. 4D, 4TH FLOOR,
             CHOICE PARADISE APARTMENTS, NEAR CHOICE SCHOOL,
             THRIPUNITHURA, ERNAKULAM, PIN - 682301
             BY ADV C.S.MANU

RESPONDENTS:

     1       AXIS BANK LIMITED
             5TH FLOOR, CHICAGO PLAZA,
             RAJAJI ROAD, KOCHI, PIN - 682035
             REPRESENTED BY ITS MANAGING DIRECTOR
     2       AUTHORISED OFFICER
             AXIS BANK LIMITED, 5TH FLOOR,
             CHICAGO PLAZA, RAJAJI ROAD, KOCHI, PIN - 682035
             BY ADV P.PAULOCHAN ANTONY P

     THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.26333 of 2022
                                     2




                            T.R. RAVI, J.
                 ------------------------------------
                   W.P.(C.) No.26333 of 2022
                 ------------------------------------
                Dated this the 13th day of April, 2023

                             JUDGMENT

The prayer in the writ petition is for permission to

the petitioners to pay off the amounts outstanding to

the respondent in easy instalments.

2. The counsel for the respondents on instructions

submits that an amount of Rs.1,52,40,000/- is

outstanding.

In the above circumstances, this writ petition is

disposed of with the following directions:-

i) The petitioners shall pay the outstanding

amount of Rs.1,52,40,000/- along with future

interest and costs in eighteen equal monthly

instalments, the 1st instalment falling due on

or before 13.05.2023 and the subsequent

instalments falling due on or before the 13th WPC No.26333 of 2022

day of the succeeding months;

ii) If the petitioners make a single default in the

payment of the instalments as directed

above, the respondents will be at liberty to

continue with coercive steps for recovery;

iii) The coercive steps initiated shall be kept in

abeyance to facilitate the petitioners to pay

the amounts in instalments as directed

above.

Sd/-

T.R.RAVI JUDGE SKP/13-04 WPC No.26333 of 2022

APPENDIX OF WP(C) 26333/2022

PETITIONERS' EXHIBITS:

EXHIBIT P-1 TRUE COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE