Citation : 2023 Latest Caselaw 10397 Ker
Judgement Date : 30 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
WP(C) NO. 35521 OF 2022
PETITIONER/S:
NOBI
AGED 46 YEARS
S/O. K.N KRISHNAN. KUTTAMACKAL, KOLANI, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685608
BY ADVS.
SAIJO HASSAN
BENOJ C AUGUSTIN
RAFEEK. V.K.
AATHIRA SUNNY
BINCY JOB
NEEMA NEERACKAL
AMBADI DINESH L.K.
SALMAN FARIS
K.S. SANDEEP
RESPONDENT/S:
1 THE DEPUTY TAHSILDAR
THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685584
2 THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LTD.
P.B NO. 13, THODUPUZHA P.O, IDUKKI DISTRICT, PIN -
685584
BY ADV P.V.BABY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
==============================
W.P(C) No.35521 of 2022
==========================
Dated this the 30th day of September, 2023
JUDGMENT
The petitioner is facing recovery proceedings in
respect of defaulted loans availed by him. All that the
petitioner seeks for is an easy instalment facility to
wipe off the liability.
2. Heard the learned counsel on both sides.
3. On 10.11.2022, this Court has directed the
petitioner to pay an amount of Rs.2,50,000/- (Rupees two
lakhs fifty thousand only). It is reported that the said
direction has been complied with.
4. It is reported by the learned Standing Counsel
that the total due is approximately Rs.1 crore.
5. Considering the financial constraints pointed
out by the petitioner, I am inclined to grant a
reasonable instalment facility to the petitioner.
The petitioner shall pay off the total amount due
to the Bank, with interest and costs, in 20 equal
monthly instalments commencing from 30.10.2023. In case
of default in payment of any single instalment, the
petitioner will lose the benefit granted under this
judgment.
This writ petition is disposed of accordingly.
Sathish Ninan, Judge
SVP APPENDIX OF WP(C) 35521/2022
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE NUMBERED AS 466/22 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT DATED 30.07.2022 Exhibit P2 TRUE COPY OF THE DEMAND NOTICE NUMBERED AS 467/22 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT DATED 30.07.2022
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