Syam Lal S R vs Kerala District Co-Operative ...
2023 Latest Caselaw 1856 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. 2284 OF 2023
PETITIONER:

          SYAM LAL S R,
          AGED 32 YEARS, S/O G SAMUEL,
          RESIDING AT KOOVODE, VADAKKUMKARA VEEDU,
          VELIYAMCODE, MARANELLOOR P.O.,
          THIRUVANATHAPURAM, PIN - 685512

          BY ADVS.
          V.PREMCHAND
          SURYA MOHAN P.
          FATHIMA SHALU S.



RESPONDENTS:

    1     KERALA DISTRICT CO-OPERATIVE BANK LTD,
          PB NO. 6515, COBANK TOWERS, PALAYAM,
          THIRUVANANTHAPURAM, PIN - 695033
          REPRESENTED BY THE AUTHORISED OFFICER.

    2     THE AUTHORISED OFFICER,
          KERALA DISTRICT CO-OPERATIVE BANK LTD,
          EAST FORT,THIRUVANANTHAPURAM,
          MALAYINKEEZHU BRANCH, PIN - 695571

    3     THE BRANCH MANAGER,
          KERALA DISTRICT CO-OPERATIVE BANK LTD,
          MALAYINKEEZHU BRANCH, THIRUVANATHAPURAM DISTRICT,
          PIN - 695571

          SRI. THOMAS ABRAHAM, 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. 2284 OF 2023
                                    2



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No. 2284 of 2023
                --------------------------------------------
                Dated this the 1st day of February, 2023

                              JUDGMENT

The petitioner has approached this Court seeking permission to

pay off the amounts due to the 1st respondent Bank in easy instalments.

The counsel for the respondents on instructions submits that the

overdue amount comes to ₹8,77,686/-. The petitioner requests that he

may be allowed to pay off the amounts in instalments.

In the above circumstances, this writ petition is disposed of

permitting the petitioner to pay off the amounts due in 15 equal

monthly instalments, the 1st instalment falling due on or before

02.03.2023 and the subsequent instalments falling due on or before the

2nd day of the succeeding months. The petitioner shall pay the regular

monthly instalments along with the instalments towards the overdue

amounts. If the petitioner makes two consecutive defaults in payment

of instalments, the respondents are at liberty to proceed with the

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

payment of instalment. Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 2284 OF 2023

APPENDIX OF WP(C) 2284/2023

PETITIONER'S EXHIBITS

Exhibit-P1 A TRUE COPY OF THE NOTICE DATED 27/12/2022 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT

Exhibit-P2 A TRUE COPY OF THE NOTICE DATED 30/12/2022 BY THE 3RD RESPONDENT

Exhibit-P3 A TRUE COPY OF THE PETITION DATED 14/01/2023 BEFORE THE 3RD RESPONDENT