Shinto, vs the South Indian Bank, Chalakudy Branch,,

Shinto, vs The South Indian Bank, Chalakudy Branch,,

Type Court Judgment Court Kerala Decided Apr 12, 2023

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Citation: sooperkanoon.com/1353016
Court: Kerala High Court
Judge: Honourable Mr. Justice T.R.Ravi
Decided On: Apr 12, 2023
Case Number: WP(C)/12346/2023

Parties & Advocates

Appellant / Petitioner

Shinto,

Respondent

The South Indian Bank, Chalakudy Branch,,

Excerpt

.....2023 dated this the 12th day of april, 2023judgmentthe petitioner has approached this court seeking permission to pay off the amounts due to the respondent bank in easy instalments. the counsel for the respondents on instructions submits that as on 05.04.2023, an amount of ₹59,95,546/- is due to them. in the above circumstances, this writ petition is disposed of permitting the petitioner to pay off the amounts due along with accrued interest and cost in 12 equal monthly instalments, the 1 st instalment falling due on or before 12.05.2023 and the subsequent instalments falling due on or before 12th of the succeeding months. if the petitioner makes a single default in payment of instalments, the respondents are at liberty to proceed with the steps for recovery. steps for recovery shall be kept in abeyance to facilitate the payment of instalments. sd/- t.r. ravi judge pn appendix of wp(c) 12346/2023 petitioner's exhibits exhibit-p1 a true copy of the 8(1) notice under sarfesi act issued by the respondents dated exhibit-p2 a true copy of the notice issued by the commissioner in mc.321 of 2022 along with hand written legible copy dated 17/3/2023 exhibit-p3 a true copy of the letter issued from the 1st respondent dated 3/4/2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945 PETITIONER: SHINTO, AGED 46 YEARS, S/O. DEVASSYKUTTY, THUPPARAMBAN HOUSE, MARAMKODU DESOM, KUTTICHIRA VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT 680721 BY ADV N.L.BITTO RESPONDENTS: 1 THE SOUTH INDIAN BANK, CHALAKUDY BRANCH, REP. BY ITS BRANCH MANAGER, CHALAKUDY P.O., CHALAKUDY TALUK, THRISSUR DISTRICT 680307 2 THE SOUTH INDIAN BANK, CHALAKUDY BRANCH REP. BY ITS AUTHORISED OFFICER, REGIONAL OFFICE, IRINJALAKUDA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT 680121 SRI.MOHAN JACOB GEORGE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAVI, J.
W. P. (C). No.12346 of 2023 Dated this the 12th day of April, 2023

JUDGMENT

The petitioner has approached this Court seeking permission to pay off the amounts due to the respondent Bank in easy instalments. The counsel for the respondents on instructions submits that as on 05.04.2023, an amount of ₹59,95,546/- is due to them. In the above circumstances, this writ petition is disposed of permitting the petitioner to pay off the amounts due along with accrued interest and cost in 12 equal monthly instalments, the 1 st instalment falling due on or before 12.05.2023 and the subsequent instalments falling due on or before 12th of the succeeding months. If the petitioner makes a single default in payment of instalments, the respondents are at liberty to proceed with the steps for recovery. Steps for recovery shall be kept in abeyance to facilitate the payment of instalments. Sd/- T.R. RAVI JUDGE Pn APPENDIX OF WP(C) 12346/2023 PETITIONER'S EXHIBITS Exhibit-P1 A TRUE COPY OF THE 8(1) NOTICE UNDER SARFESI ACT ISSUED BY THE RESPONDENTS DATED Exhibit-P2 A TRUE COPY OF THE NOTICE ISSUED BY THE COMMISSIONER IN MC.321 OF 2022 ALONG WITH HAND WRITTEN LEGIBLE COPY DATED 17/3/2023 Exhibit-P3 A TRUE COPY OF THE LETTER ISSUED FROM THE 1ST RESPONDENT DATED 3/4/2023

Same Court & Year Kerala · 2023 Same Parties Shinto, vs The South Indian Bank, Chalakudy Branch,, Same Judge Honourable Mr. Justice T.R.Ravi