Shakeela vs The Authorized Officer
2023 Latest Caselaw 3415 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
      FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                      WP(C) NO. 10483 OF 2023
PETITIONER:

          SHAKEELA
          AGED 50 YEARS
          PILAKKAL HOUSE, VARNAKUZHI NILAM, KANNATTIKULAM,
          KOLATHARA, KOZHIKODE DISTRICT, PIN - 673655

          BY ADVS.
          M.R.SASITH
          R.K.CHIRUTHA
          RAJITHA V.K
          BHAVANA K.K
          ANJANA SURESH.E



RESPONDENT:

          THE AUTHORIZED OFFICER
          UNION BANK OF INDIA, 1ST FLOOR, CALICUT BRANCH, PARCO
          COMPLEX, KALLAI ROAD, KOZHIKODE,, PIN - 673002

          SRI A S P KURUP, SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10483 OF 2023            2


                             T.R. RAVI, J.
              --------------------------------------------
                      W.P.(C).No.10483 of 2023
               --------------------------------------------
                Dated this the 24th day of March, 2023


                             JUDGMENT

Admit. Standing Counsel takes notice for the respondent.

The Standing Counsel on instructions submits that a sum of Rs.

2,97,577/- is overdue and the sale is posted on 28.03.2023. It is

submitted that if the petitioner pays a substantial sum before the

date of sale the grant of instalment for the balance can be

considered.

In the above circumstances, the writ petition is disposed of with

the following directions:

The petitioner shall pay a sum of Rs.1,00,000/- on or before

27.03.2023. The petitioner shall pay the balance amount overdue in

8 equal monthly instalments, the first instalment becoming payable

on or before 27.04.2023 and the subsequent instalments falling due

on or before the 27th of the succeeding months. The petitioner shall

also pay the regular monthly instalments along with the instalments

towards the overdue amount as stated above. If the petitioner pays

the entire overdue amount, the respondent shall regularise the loan

account. If the petitioner makes a single default in the payment of

instalments, the respondent will be at liberty to 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

APPENDIX OF WP(C) 10483/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED 07/03/2023

Exhibit P2 TRUE COPY OF INTERIM ORDER IN WRIT PETITION NO 2115/2023 DATED 23/1/2023

Exhibit P3 TRUE COPY OF INTERIM ORDER IN WRIT PETITIONS NO 2115/2023 DATED 31 /1/2023