Mohammed A.M vs The Kasargod Co-Operative Town ...
2023 Latest Caselaw 9852 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA,
                                 1945
                     WP(C) NO. 10033 OF 2023
PETITIONER/S:

            MOHAMMED A.M
            AGED 70 YEARS
            S/O. ABDUL KHADER, T.N. MOOLA HOUSE, MUTTATHODY
            VILLAGE AND POST, KASARAGOD DISTRICT, PIN -
            671121
            BY ADV SHIBA M SAMUEL


RESPONDENT/S:

   1        THE KASARGOD CO-OPERATIVE TOWN BANK LTD, NO.970
            ADUKKATHUBAIL, KASARAGOD -671121.REPRESENTED BY
            ITS AUTHORIZED OFFICER, PIN - 671121
   2        THE AUTHORIZED OFFICER
            THE KASARGOD CO-OPERATIVE TOWN BANK LTD,
            NO.970, ADUKKATHUBAIL, KASARAGOD, PIN - 671121


       THIS   WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION     ON   13.09.2023,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 10033 OF 2023
                              ..2..




                          JUDGMENT

It is submitted that the petitioner has cleared the

overdue amount during the pendency of this Writ Petition.

The petitioner shall pay the EMIs in terms of the contract

between the parties. The proceedings initiated against

the petitioner under the SARFAESI Act shall be kept in

abeyance. In case of default in the repayment of the loan,

it is made clear that the Bank is at liberty to proceed

further against the petitioner.

The Writ Petition is disposed of accordingly.

K.BABU, JUDGE kkj WP(C) NO. 10033 OF 2023 ..3..

APPENDIX OF WP(C) 10033/2023

PETITIONER EXHIBITS ExhibitP1 THE TRUE COPY OF THE LOAN PASS BOOK OF THE PETITIONER ISSUED BY THE RESPONDENT DATED 18/7/2017 ExhibitP2 THE TRUE COPY OF ADVOCATE COMMISSIONER NOTICE DATED 13/2/2022