Rafeeq vs Authorized Officer/General ...
2023 Latest Caselaw 3431 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. 6457 OF 2023
PETITIONER:

          RAFEEQ,
          AGED 54 YEARS
          S/O MAMMAD, PUTHIYEDATH HOUSE,
          PURAKKAD P.O.,THIKKODI,
          KOZHIKODE DISTRICT, PIN - 673 522

          BY ADVS.
          M.PROMODH KUMAR
          MAYA CHANDRAN



RESPONDENT:

          AUTHORIZED OFFICER/GENERAL MANAGER,
          PAYYOLI CO-OPERATIVE URBAN BANK LTD.,
          P.O.PAYYOLI, KOZHIKODE DISTRICT, PIN - 673 522

          BY ADVS.
          M.VIVEK RABINDRANATH
          V.T.MADHAVANUNNI(K/000329/1983)




     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. 6457 OF 2023
                                         2




                               T.R.RAVI, J.
                        ----------------------------------------
                          WP(C) No.6457 of 2023
                      -------------------------------------------
                 Dated this the 24th day of March, 2023

                              JUDGMENT

The petitioner has 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.3,88,808/- is overdue.

In the above circumstances, the writ petition is disposed

of directing the petitioner to pay the amounts overdue to the

respondent Bank in 15 equal monthly instalments, along with

regular instalments, the first instalment becoming payable on

or before 24.04.2023 and the subsequent instalments

becoming payable on or before the 24 th day of the succeeding

months. After receiving the entire overdue amounts, the

respondent shall regularise the loan account. If the petitioner

makes two defaults in the payment of instalments as directed WP(C) NO. 6457 OF 2023

above, the respondent Bank will be at liberty to continue with

the proceedings for recovery. Coercive steps for recovery

shall be kept in abeyance for facilitating the payments by

instalments as directed above.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 6457 OF 2023

APPENDIX OF WP(C) 6457/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT TO THE PETITIONER, DATED 20-10- 2022.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 06-02-2023 AFFIXED BY THE RESPONDENT IN THE HOUSE OF THE PETITIONER.

RESPONDENT'S EXHIBITS     :    NIL


                  //TRUE COPY//             PA TO JUDGE