Abdul Latheef vs The Special Sale Officer
2023 Latest Caselaw 8958 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
       MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                              WP(C) NO. 14269 OF 2023
PETITIONER:

                  ABDUL LATHEEF
                  AGED 43 YEARS
                  S/O. MUHAMMED PULIKKADAN HOUSE, ALIPARAMBA PO,
                  PERINTHALMANNA, MALAPPURAM DISTRICT -, PIN - 679357

                  BY ADV K.MOHANAKANNAN



RESPONDENT/S:

       1          THE SPECIAL SALE OFFICER
                  PERINTHALMANNA CO-OPERATIVE AGRICULTURAL AND RURAL
                  DEVELOPMENT BANK LIMITED NO. P. 505, PERINTHALMANNA,
                  MALAPPURAM DISTRICT -, PIN - 679322

       2          PERINTHALMANNA CO-OPERATIVE AGRICULTURAL AND RURAL
                  DEVELOPMENT BANK LIMITED NO. P. 505,
                  PERINTHALMANNA, MALAPPURAM DISTRICT - REPRESENTED BY
                  ITS SECRETARY., PIN - 67932

                  BY ADVS.
                  V KRISHNA MENON
                  P.VIJAYAMMA(K/116/1970)
                  J.SURYA(K/1007/2005)

                  C.S. SHEEJA (R1)


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.14269/2023                    2

                                JUDGMENT

Petitioner availed credit facilities from the respondent Bank. On

default being committed proceedings have been initiated under the

provisions of the Kerala Co-operative Agricultural and Rural Development

Banks Act, 1984 (hereinafter referred to as 'the CARD Act) and the

property of the petitioner was brought to sale on 03.05.2023.

2. The learned counsel appearing for the petitioner would submit

that the petitioner may be permitted to clear the entire liability in some

instalments.

3. The learned counsel appearing for the respondent bank

submits that the petitioner is a chronic defaulter and the total amount due

from petitioner as on 15.05.2023 is Rs.33,52,000/-. It is submitted that

notwithstanding the above, the bank has no objection in granting upto six

instalments to the petitioner to clear the entire liability. It is submitted

that no sale took place on 3.05.2023.

4. Having regard to the circumstances of the case and the

situation now prevailing, apart from the submissions made as recorded

above, I am of the view that the petitioner can be granted an opportunity

to repay the outstanding amount in twelve (12) equal monthly

instalments.

6. Accordingly, there will be a direction to the respondent Bank

to accept repayment of the entire outstanding amount of Rs.33,52,000/-

along with Bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.33,52,000/- together with any accrued interest/costs shall be repaid in twelve (12) equated monthly installments.

(ii) The first installment shall be paid on or before 05-09-2023 and subsequent installments shall be paid on or before 5th day of the succeeding months.

(iii) In the event of default of any one installment, the respondent bank shall be entitled to proceed in accordance with law.

(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

sd/-

GOPINATH P.

JUDGE

acd

APPENDIX OF WP(C) 14269/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 07/02/2023 BY THE 1 ST RESPONDENT SALE OFFICER

Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE BANK TO THE PETITIONER DATED 23/03/2023