Abdul Rahim vs The Paravur S.N.V. Regional ...
2023 Latest Caselaw 1200 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                       WP(C) NO. 40076 OF 2022
PETITIONER:

          ABDUL RAHIM
          AGED 47 YEARS
          S/O ABDUL MAJEED, VALIYA VEETTIL, UMAYANALLOR P.O.
          THAZHUTHALA, KOLLAM-691 589.

          BY ADVS.
          S.SHANAVAS KHAN
          S.INDU


RESPONDENTS:

    1     THE PARAVUR S.N.V. REGIONAL CO-OPERATIVE BANK LIMITED
          NO.1685, P.B. NO.15 KURUMANDAL BRANCH, PARAVUR P.O.
          KOLLAM-691 301 REPRESENTED BY ITS SECRETARY.

    2     THE JOINT INSPECTOR OF CO-OPERATIVE SOCIETIES
          SPECIAL SALE OFFICER THE PARAVUR S.N.V REGIONAL
          CO-OPERATIVE BANK LIMITED NO.1685 P.B. NO.15
          KURUMANDAL BRANCH, PARAVUR P.O., KOLLAM-691 301.

          BY ADV B.SURESH KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 40076 OF 2022

                                    2

                                  T.R. RAVI, J.
              --------------------------------------------
                    W.P. (C) No.40076 of 2022
                  --------------------------------------------
             Dated this the 18th day of January, 2023

                             JUDGMENT

The prayer in the writ petition is for permission to the

petitioner to pay off the amounts outstanding to the 1 st

respondent in easy instalments.

2. The counsel for the 1st respondent on instructions

submits that as on 16.12.2022 an amount of Rs.16,97,923/-

(Rupees sixteen lakhs ninety seven thousand nine hundred

and twenty three only) is outstanding.

In the above circumstances, this writ petition is disposed

of permitting the petitioner to pay the amount of

Rs.16,97,923/- along with future interest in twelve equal

monthly instalments, the 1st instalment falling due on or

before 17.02.2023 and the subsequent instalments falling due

on or before the 17th day of the succeeding months. If the

petitioner makes two consecutive defaults in the payment of

the instalments as directed above, the 1st respondent is at

liberty to continue with coercive steps for recovery. The WP(C) NO. 40076 OF 2022

coercive steps initiated shall be kept in abeyance to facilitate

the petitioner to pay the amounts in instalments as directed

above.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 40076 OF 2022

APPENDIX OF WP(C) 40076/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF LOAN PASS BOOK IN RESPECT OF LOAN ACCOUNT NO. OL 18 AVAILED BY THE PETITIONER.

Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED 02/01/2017 ISSUED BY THE DEPARTMENT OF NUCLEAR MEDICINE, AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, KOCHI.

Exhibit P3 TRUE COPY OF THE AWARD DATED 30/11/2018 IN AR 1674/2018.

Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED 19/12/2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 19/12/2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER'S WIFE.

Exhibit P6 TRUE COPY OF THE RECEIPT DATED 31/03/2022 EVIDENCING THE REMITTANCE OF RS.2 LAKHS WITH THE FIRST RESPONDENT.

Exhibit P7 TRUE COPY OF THE LETTER DATED 15/02/2022 ISSUED BY DEPUTY REGISTRAR, FOR AND OR BEHALF OF JOINT REGISTRAR (GENERAL) CO- OPERATIVE SOCIETY, KOLLAM TO THE ASSISTANT REGISTRAR/ARBITRATOR, PARAVUR SNVRC BANK.