Kerala High Court
Salvin V.J vs The Branch Manager on 23 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
WP(C) NO. 10739 OF 2022
PETITIONERS:
1 SALVIN V.J
AGED 48 YEARS
S/O JANARDHANAN, NIVARTHIL HOUSE,
PARAYAKKADU P O, CHERTHALA ,
ALAPPUZHA DISTRICT, PIN - 688 540
2 SUJATHA K.G,
W/O SASI, ANU BHAVANAM , ERAMALLOOR P O,
CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688 537
BY ADVS.
SAIBY JOSE KIDANGOOR
BENNY ANTONY PAREL(K/000053/1996)
ANOOP SEBASTIAN(K/450/2017)
PRAMITHA AUGUSTINE(K/001133/2019)
IRINE MATHEW(K/001821/2021)
ADITHYA KIRAN V.E(K/001850/2021)
ANJALI NAIR(K/002375/2021)
NAAIL FATHIMA ABDULLA A.(K/882/2022)
SWATHY SUDHIR(K/2677/2022)
RESPONDENTS:
1 THE BRANCH MANAGER
FEDERAL BANK LTD., ERAMALLOOR BRANCH,
BUILDING NO. VII/672-C, GRAND TOWERS,
ERAMALLOOR, ALAPPUZHA DISTRICT, PIN - 688 537
2 THE AUTHORIZED OFFICER AND ASSISTANT VICE PRESIDENT,
FEDERAL BANK LTD, MAVELIKKARA DIVISION ,
FIRST FLOOR, PADINJARETHALAKKAL-CHERIYAN CHAMBERS,
PUTHIYAKAVU, MAVELIKKARA ,
ALAPPUZHA DISTRICT, PIN - 690 101
BY ADVS.
SRI.LEO GEORGE
SRI.M.SUNIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10739 OF 2022
2
T.R.RAVI, J.
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WP(C) No.10739 of 2022
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Dated this the 23rd day of March, 2023
JUDGMENT
The petitioners have approached this Court seeking
permission to wipe off the liabilities to the respondent
Bank in instalments. The counsel for the respondent Bank
submits that an amount of Rs.71,35,600/- is outstanding.
In the above circumstances, the writ petition is
disposed of directing the petitioners to pay the amounts
due to the respondent Bank in 12 equal monthly
instalments, along with future interest, and cost, the first
instalment becoming payable on or before 23.04.2023 and
the subsequent instalments becoming payable on or before
the 23rd day of the succeeding months. If the petitioners
make a single default in the payment of instalments as
directed above, the respondent Bank will be at liberty to
continue with the proceedings for recovery. Coercive steps
WP(C) NO. 10739 OF 2022
for recovery shall be kept in abeyance for facilitating the
payments by instalments as directed above. The above
direction will not in any manner affect the rights of the
parties in the Original Application which is pending before
the Debt Recovery Tribunal.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 10739 OF 2022
APPENDIX OF WP(C) 10739/2022
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED UNDER S.
13(2) OF THE SARFAESI ACT DATED 25-10-2021
Exhibit P2 A TRUE COPY OF THE POSSESSION NOTICE DATED
22-02-2022
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
ADVOCATE COMMISSIONER BEFORE DEMANDING THE
VACANT POSSESSION OF THE PROPERTIES MORTGAGED
BY THE PETITIONERS DATED NIL
Exhibit P4 TRUE COPY OF THE ACKNOWLEDGEMENT OF THE
TRANSACTION OF RS.1O.0000/- (RUPEES TEN
LAKHS) TOWARDS THE LOAN ACCOUNT OF THE
PETITIONERS DATED 16.1.2023
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
