M/S. Natural Dairy Farm, ... vs Bank Of India
2023 Latest Caselaw 1832 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                        WP(C) NO. 2355 OF 2023
PETITIONER:

          M/S. NATURAL DAIRY FARM,
          REPRESENTED BY ITS PROPRIETOR RAVIKUMAR.S
          AGED 57 YEARS
          S/O. SIVANANDAN, MANAMEL HOUSE, KAPPILMEKKU,
          KRISHNAPURAM P.O., ALAPPUZHA, PIN - 690533

          BY ADV ARYA UNNIKRISHNAN



RESPONDENTS:

    1     BANK OF INDIA
          REPRESENTED BY ITS AUTHORIZED OFFICER,
          KAPPIL KUTTIPURAM BRANCH, NEAR KURAKAVU TEMPLE, KAPPIL
          EAST, KRISHNAPURAM, ALAPPUZHA, PIN - 690533

    2     BANK OF INDIA
          REPRESENTED BY ITS CHIEF MANAGER & AUTHORIZED OFFICER,
          THIRUVANANTHAPURAM ZONAL OFFICE, SREYAS, GPO LANE,
          STATUE, PULIMOODU JUNCTION, THIRUVANANTHAPURAM, PIN -
          695001

          SRI. K. M. ANEESH, SC.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2355 OF 2023


                                    2




                            T.R. RAVI, J.
             --------------------------------------------
                      W.P.(C).No.2355 of 2023
              --------------------------------------------
              Dated this the 1st day of February, 2023


                                 JUDGMENT

The prayer in the writ petition is to permit the petitioner 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.11,59,000/-. It is also submitted that they have

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

instalments, provided the payments are made regularly and the

accrued interest is also paid.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the amount of Rs.11,59,000/- along

with accrued interest in 12 equal monthly instalments, the first

instalment falling due on or before 01.03.2023 and the subsequent

instalments falling due on or before the 1 st of the succeeding months.

If the petitioner makes two consecutive defaults in the payment of

instalments, as directed above the respondents will be at liberty to WP(C) NO. 2355 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. 2355 OF 2023

APPENDIX OF WP(C) 2355/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED 22.12.2022