Hussain Koya Thangal vs The Kerala State Co-Operative Bank ...
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Kerala High Court

Hussain Koya Thangal vs The Kerala State Co-Operative Bank ... on 29 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

WP(C) No.39511/2023                     1/3                        Order Date : 29-05-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
             Wednesday, the 29th day of May 2024 / 8th Jyaishta, 1946
                     IA.NO.1/2024 IN WP(C) NO. 39511 OF 2023
   APPLICANT/PETITIONER:

          HUSSAIN KOYA THANGAL, AGED 52 YEARS, VALIYAVEEDAKATH HOUSE,
          KUTTIYIL,P.O. VANIYAMBALAM, MALAPPURAM DISTRICT, PIN - 679339

   RESPONDENTS/RESPONDENTS:

      1. THE KERALA STATE CO-OPERATIVE BANK LTD.,(KERALA BANK) (ERSTWHILE)
         MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., P B NO: 8, MANJERI ROAD,
         UPHILL, MALAPPURAM. REPRESENTED BY GENERAL MANAGER, PIN - 676505
      2. THE BRANCH MANAGER, THE KERALA STATE CO-OPERATIVE BANK LTD.,(KERALA
         BANK)., (MDC), WANDOOR BRANCH, NILAMBUR ROAD, WANDOOR P.O
         MALAPPURAM, PIN - 679328

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to order that the
   payment of this month's installment (March) may be deferred and the
   petitioner may be permitted to remit the balance amount in 9 subsequent
   monthly instalments (amount of Rs. 1,82,000/- from the month of April till
   December), in the interest of justice
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and this Court's   final order
   dated 28.11.2023 and upon hearing the arguments of M/S. K.ANAND & AMEER
   SALIM, Advocates for the petitioner, the court passed the following:
 WP(C) No.39511/2023                           2/3                              Order Date : 29-05-2024




                                      N.NAGARESH, J.
                            ------------------------------------------------
                                       I.A.No.1 of 2024
                                                 in
                                 W.P.(C) No.39511 of 2023
                          -------------------------------------------------
                          Dated this the 29th day of May, 2024

                                            ORDER

It is submitted that the petitioner has adhered to the judgment

dated 28.11.2023 except that one instalment due in the month of

March has not been paid. The petitioner submits that he will pay

the said instalment along with the instalment which will fall due on

28.06.2024.

2. If the petitioner remits the defaulted instalment on or

before 28.06.2024 and adhere to the remaining time schedule, the

payments made should be treated as in compliance of the

judgment dated 28.11.2023.

The I.A. is therefore disposed of.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.39511/2023 3/3 Order Date : 29-05-2024

APPENDIX OF WP(C) 39511/2023 Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE NO: WNDR/GPML 090196015020738/4664 DATED 25.02.2021 ISSUED BY THE AUTHORIZED OFFICER OF THE 1ST RESPONDENT BANK Exhibit P2 TRUE COPY OF THE NOTICE REF. RECOVERY CELL/2023-24 DATED 08.11.2023 ISSUED BY THE 2ND RESPONDENT TO ATTEND THE ADALATH