Faizal Abdul Samad vs The Jr.Inspector/Special Sale ...
2023 Latest Caselaw 10078 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
             THE HONOURABLE MR. JUSTICE SATHISH NINAN
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                     WP(C) NO. 17691 OF 2018
PETITIONER/S:

         FAIZAL ABDUL SAMAD, AGED 57 YEARS
         RESIDING AT 'SMILING' HOUSE,KOTTAYIL KOVILAKAM
         KARA, CHENNAMANGALAM P.O.,CHENNAMANGALAM VILLAGE,
         NORTH PARAVOOR TALUK,ERNAKULAM DISTRICT, PIN -
         683 512.
         BY ADVS.
         SRIP.S.SUJETH
         SMT.M.R.REENA


RESPONDENT/S:

    1    THE JR.INSPECTOR/SPECIAL SALE OFFICER
         PARAVUR TALUK CO-OPERATIVE AGRICULTURAL &
         RURALDEVELOPMENT BANK LTD. NO.E-1193, HEAD
         OFFICE,NORTH PARAVOOR, ERNAKULAM DISTRICT.
    2    THE BRANCH MANAGER
         PARAVUR TALUK CO-OPERATIVE AGRICULTURAL &
         RURALDEVELOPMENT BANK LTD. NO.E-1193,
         CHENNAMANGALAM JUNCTION, NORTH PARAVOOR,
         ERNAKULAM DISTRICT, PIN - 683 513.
         BY ADVS.
         SRI.DENU JOSEPH
         ANOOP.V.NAIR


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                     Sathish Ninan, J.
            ==============================
                WP(C) No.17691 of 2018
              ==========================
      Dated this the 18th day of September, 2023


                          JUDGMENT

Repayment of the credit facility availed by

the petitioner from the 2nd respondent Bank was

defaulted. The Bank initiated recovery proceedings. The

property of the petitioner was put for sale. It is at

that stage that the petitioner approached this Court.

2. Heard the learned counsel on either side.

3. The petitioner seeks for instalment facility

to wipe off the debts.

4. This Court had passed interim orders directing

payment of amounts as directed therein, towards the

debts. It is reported that the directions have been

complied with.

5. The learned counsel for the Bank submits that,

as of now the amount due is approximately Rs.40 Lakhs.

6. Considering the quantum involved, the

financial constraints pointed out by the petitioner and

also taking note of the fact that the interim

directions of this Court have been complied with, I am

of the opinion that reasonable instalments may be

granted.

Resultantly, the writ petition is disposed of with

the following directions :

1) The petitioner is permitted to pay off

the entire amounts due to the Bank,

inclusive of interest and costs, in 15 equal

monthly instalments commencing from 30-10-

2023.

2) If the petitioner commits default in

payment of any single instalment, it shall

be open for the Bank to continue coercive

steps in accordance with law.

Sd/-Sathish Ninan, Judge

amk APPENDIX OF WP(C) 17691/2018

PETITIONER'S EXHIBITS :

EXHIBIT P1. TRUE COPY OF THE SALE NOTICE, DATED 18.04.2018 ISSUED BY THE SPECIAL SALE OFFICER, INFORMING THE PETITIONER THAT THE SALE SCHEDULED ON 06.06.2018.

EXHIBIT P2. TRUE COPY OF THE REPRESENTATION DATED 22/4/18 GIVEN TO THE BRANCH MANAGER, TO PUT ON HOLE THE PROPOSED SALE TO BE HELD ON 06.06.2018.