Ligy Benny vs Kanayannur Co-Operative ...
2023 Latest Caselaw 9497 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
 TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
                     WP(C) NO. 29199 OF 2023
PETITIONER:

            LIGY BENNY, AGED 46 YEARS
            W/O N.K BENNY, NELLIYATTU HOUSE, AVOLY P.O.
            VAZHAKKULAM DESOM, MUVATTUPUZHA VILLAGE,
            MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT - 686670.
            BY ADVS.
            BIJU K.C.
            LEENA JOSEPH


RESPONDENTS:

    1       KANAYANNUR CO-OPERATIVE AGRICULTURAL & RURAL
            DEVELOPMENT BANK LTD. NO. E 326
            REPRESENTED BY ITS SECRETARY, MULANTHURUTHY,
            MULANTHURUTHY P.O., KANAYANNUR TALUK,
            ERNAKULAM DISTRICT, PIN - 682314.
    2       SPECIAL SALE OFFICER AND SENIOR INSPECTOR OF
            COOPERATIVE SOCIETIES, KANAYANNUR CO-OPERATIVE
            AGRICULTURAL AND RURAL DEVELOPMENT BANK GROUP,
            KANAYANNUR CO-OPERATIVE AGRICULTURAL & RURAL
            DEVELOPMENT BANK LTD. NO. E 326, MULANTHURUTHY,
            MULANTHURUTHY P.O., KANAYANNUR TALUK, ERNAKULAM
            DISTRICT, PIN - 682314

            BY SRI.P.D.SUBRAMANIAN NAMBOOTHIRI
     THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 05.09.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                      Sathish Ninan, J.
             ==============================
                 WP(C) No.29199 of 2023
               ==========================
        Dated this the 5th day of September, 2023

                           JUDGMENT

Repayment of the credit facilities availedby

the petitioner were defaulted. The Bank initiated

steps for recovery of the debt. The immovable

property of the petitioner is put in auction for

recovery of the debt. It is at that stage, the

petitioner has approached this Court.

2. Heard the learned counsel on either side.

3. The petitioner seeks for instalment

facility to wipe off the entire liability.

4. The learned Standing counsel for the Bank

submits that the Bank is not averse to grant of a

reasonable instalment facility.

5. Considering the amount involved, I am

inclined to grant the petitioner 10 equal monthly

instalments to wipe off the entire liability. WP(C) No.29199 of 2023

The writ petition is disposed of permitting the

petitioner to pay off the entire liability due to

the Bank, inclusive of interest and costs, in 10

equal monthly instalments commencing from 16-10-

2023. If the petitioner commits default in payment

of a single instalment, it shall be open for the

Bank to continue coercive steps in accordance with

the law.

Sd/- Sathish Ninan, Judge

amk APPENDIX OF WP(C) 29199/2023

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE AUCTION SALE NOTICE DATED 23.08.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER