Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 WP(C) NO. 15982 OF 2018 PETITIONER: MANOJ KUMAR AGED 49 YEARS AGED 49 YEARS, S/O.PARAMESWARAN NAIR, KANDIYOOR PALAKKAVALAPPIL HOUSE, KUMBALANGAD DESOM, VADAKKANCHERI VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV SRI.A.N.SATHISH KUMAR RESPONDENTS:
1 THALAPILLY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO.R 1354,WADAKANCHERY 680 582, REPRESENTED BY ITS SECRETARY. 2 THE MANAGER CUM RECOVERY OFFICER DEVELOPMENT BANK LTD. NO. R 1354, WADAKANCHERY BRANCH,WADAKANCHERY 680 582. 3 THE SPECIAL SALE OFFICER 4 THE ASSISTANT REGISTRARVALUATION OFFICER 5 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL THRISSUR - 680 001. 6 WADAKANCHERY GRAMA PANCHAYAT WADAKANCHERY 680 582, REPRESENTED BY ITS SECRETARY. 7 THE ASSISTANT REGISTRAR ARBITRATOR THRISSUR DISTRICT CO-OPERATIVE BANK, THRISSUR - 680 501. BY ADVS. SYAMANTHAK B.S, GOVERNMENT PLEADER P.P. THAJUDEEN, STANDING COUNSEL SRI.DILIP J. AKKARA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
============================== W.P.(C) No.15982 OF 2018 =============================== Dated this the 30th day of September, 2023
JUDGMENT
All that the petitioner seeks for is an easy installment facility to wipe off the liability due to the 1st respondent Bank under a defaulted credit facility.
2. Heard the learned Counsel on both sides.
3. Learned Standing Counsel for the Bank submits that, as of now approximately Rs.10,00,000/- (Rupees ten lakhs only) is the remaining due to the Bank.
4. Considering the financial constraints pointed out by the petitioner and the amount involved, I am inclined to grant a reasonable installment facility to the petitioner.
5. The petitioner shall pay off the total amount due to the Bank, with interest and costs, in 15 equal monthly installments commencing from 30.10.2023. In case of default WP(C) No.15982 OF 2023 -2- in payment of any single installment, the petitioner will lose the benefit granted under this judgment.
The writ petition is disposed of accordingly. SATHISH NINAN JUDGE NB/30-9 APPENDIX OF WP(C) 15982/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER WITH THE 6TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE DISABILITY CERTIFICATE OF THE WIFE OF THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE GOVT. VISHA VAIDYA HOSPITAL, WADAKKANCHERY. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 17/2/2017 TO THE 1ST RESPONDENT BANK. EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 7/10/2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 5/3/2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 10/3/2018. EXHIBIT P8 TRUE COPY OF THE SALE PROCLAMATION DATED EXHIBIT P9 TRUE COPY OF THE LETTER DATED 2/5/2018 ISSUED BY
THE 4TH RESPONDENT. EXHIBIT P10 TRUE COPY OF THE LETTER DATED 19/4/2018 ISSUED BY THE 5TH RESPONDENT TO THE 7TH RESPONDENT WITH COPY TO THE PETITIONER. RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE