Citation : 2024 Latest Caselaw 12725 Ker
Judgement Date : 21 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 35699 OF 2022
PETITIONER:
MUHAMMEDKUNHI K.K.,
AGED 60 YEARS
SON OF ABOOBACKER, FATHIMA VILLA, KOTTAKKULAM,
MANIKOTH.P.O, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD
DISTRICT. 671329.
BY ADVS.
A.ARUNKUMAR
HEERAKRISHNA T.H.
SACHIN GEORGE ARAMBAN
RESPONDENTS:
1 SENIOR INSPECTOR/SPECIAL SALE OFFICER,
THE HOSDURG PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD NO.S.390, KANHANGAD.P.O, HOSDURG
TALUK, KASARAGOD DISTRICT. 671315.
2 THE HOSDURG PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD.,REPRESENTED BY ITS BRANCH MANAGER,
KANHANGAD BRANCH, P.O.KANHANGAD, HOSDURG TALUK, KASARGOD
DISTRICT - 671315
SRI ARJUN RAGHAVAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35699 OF 2022
2
JUDGMENT
When this matter was called today, Sri.Arjun
Raghavan - learned Standing Counsel for the
respondent - Bank, submitted that, the total
outstanding in three loan accounts of the
petitioner, as on 21.05.2024, is Rs.20,29,462/-.
He added that Rs.2,00,000/- as ordered by this
Court in the interim order has not been paid and
therefore that it is only if the petitioner
remits the total amount in not more than 15
installments, his client will not stand in the
way of this Court disposing of this writ
petition on such terms.
2. Sri.A.Arunkumar. - learned counsel for
the petitioner, fully agreed to the afore and
prayed that this writ petition be thus ordered.
3. In the afore circumstances, I allow this WP(C) NO. 35699 OF 2022
writ petition, granting liberty to the
petitioner to pay Rs.20,29,462/-, along with all
applicable charges and interest, in 15 equal
monthly installments, commencing from
15.06.2024.
Needless to say, if the petitioner makes
default on payment of two installments as
ordered above, further recovery action as per
law can be taken forward, without having to
obtain further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 35699 OF 2022
APPENDIX OF WP(C) 35699/2022
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE SALE NOTICE DATED 29-09- 2022 ISSUED BY THE 1ST RESPONDENT.
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