Mammed.K vs the Sale Officer, Alanallur Service , Co-Operative Bank Ltd No. 1178,

Mammed.K vs The Sale Officer, Alanallur Service , Co-Operative Bank Ltd No. 1178,

Type Court Judgment Court Kerala Decided Sep 30, 2023

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https://sooperkanoon.com/case/1382274

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Citation: sooperkanoon.com/1382274
Court: Kerala High Court
Judge: Honourable Mr. Justice Sathish Ninan
Decided On: Sep 30, 2023
Case Number: WP(C)/26636/2023

Parties & Advocates

Appellant / Petitioner

Mammed.K

Respondent

The Sale Officer, Alanallur Service , Co-Operative Bank Ltd No. 1178,

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice sathish ninan saturday, the 30th day of september 2023 / 8th aswina, 1945 wp(c) no. 26636 of 2023 petitioners: mammed.k aged 73 years s/o kunhaymu, kolakkadan house, kairalipaddy, edathanattukara, (p.o), mannarkkad taulk, palakkad district., pin - 678601 by adv k.ravi (pariyarath) respondents: 1 the sale officer, alanallur service , co-operative bank ltd no. 1178, main branch , alanallur, palakkad district., pin - 678601 2 the branch manager, alanallur service , co-operative bank ltd no. 1178, edathanattukara branch , edathanattukara, (p.o), mannarkkad taulk, palakkad district, pin-678601, pin - 678601 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.26636 of 2023 =============================== dated this the 30th day of september, 2023judgmentthe petitioner is faced with recovery proceedings under a defaulted credit facility availed from the 2nd respondent bank. all that the petitioner seeks for is an easy installment facility to wipe off the liability.2. heard the learned counsel on both sides.3. learned standing counsel for the bank submits that, as of now approximately rs.3,00,000/- (rupees three lakhs only) is the remaining due to the bank.4. considering the financial constraints pointed out by the petitioner, i am inclined to grant a reasonable installment facility to the petitioner.5. the petitioner shall pay off the total amount due tothe bank, with interest and costs, in 10 equal monthly installments commencing from 30.10.2023. in case of default wp(c) no.26636 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) 26636/2023 petitioner exhibits exhibit - p1 true copy of the sale notice issued to the pet

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. 26636 OF 2023 PETITIONERS: MAMMED.K AGED 73 YEARS S/O KUNHAYMU, KOLAKKADAN HOUSE, KAIRALIPADDY, EDATHANATTUKARA, (P.O), MANNARKKAD TAULK, PALAKKAD DISTRICT., PIN - 678601 BY ADV K.RAVI (PARIYARATH) RESPONDENTS: 1 THE SALE OFFICER, ALANALLUR SERVICE , CO-OPERATIVE BANK LTD NO. 1178, MAIN BRANCH , ALANALLUR, PALAKKAD DISTRICT., PIN - 678601 2 THE BRANCH MANAGER, ALANALLUR SERVICE , CO-OPERATIVE BANK LTD NO. 1178, EDATHANATTUKARA BRANCH , EDATHANATTUKARA, (P.O), MANNARKKAD TAULK, PALAKKAD DISTRICT, PIN-678601, PIN - 678601 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.26636 OF 2023 =============================== Dated this the 30th day of September, 2023

JUDGMENT

The petitioner is faced with recovery proceedings under a defaulted credit facility availed from the 2nd respondent Bank. All that the petitioner seeks for is an easy installment facility to wipe off the liability.

2. Heard the learned Counsel on both sides.

3. Learned Standing Counsel for the Bank submits that, as of now approximately Rs.3,00,000/- (Rupees three lakhs only) is the remaining due to the Bank.

4. Considering the financial constraints pointed out by the petitioner, 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 10 equal monthly installments commencing from 30.10.2023. In case of default WP(C) No.26636 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) 26636/2023 PETITIONER EXHIBITS EXHIBIT - P1 TRUE COPY OF THE SALE NOTICE ISSUED TO THE PETITIONER, AT THE INSTANCE OF THE 1ST RESPONDENT, INTIMATING THE DATE OF SALE, DATED 10.07.23. RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE

Same Court & Year Kerala · 2023 Same Parties Mammed.K vs The Sale Officer, Alanallur Service , Co-Operativ... Same Judge Honourable Mr. Justice Sathish Ninan