Allowed

Badarudeen a. v. the Authorised Officer, Thiruvananthapuram District Co-Operative Bank Ltd.

Kerala HC4 Feb 2013WP(C)/2865/2013

Case brief

AI extract

What is this about?

Petitioner, defaulting on a housing loan with SARFAESI proceedings initiated, sought an instalment facility to clear liability. Single Judge allowed payment in eight monthly instalments, deferring coercive action conditional on compliance.

What did the court decide?

Direction to Bank to allow repayment of dues in 8 equal monthly instalments; coercive action deferred pending payment.

Badarudeen a. Vs the Authorised Officer… — Banking and Recovery | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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MONDAY, THE 4TH DAY OF FEBRUARY 2013/15TH MAGHA 1934

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WP(C).No. 2865 of 2013 (G)

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PETITIONER(S):

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--------------

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BADARUDEEN A. AGED 67 YEARS LEKHA MANZIL,CHOONDA PALAKA,KATTAKADA.

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BY ADV. SRI.M.R.SASITH PANICKER

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RESPONDENT(S):

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--------------

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1. THE AUTHORISED OFFICER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD. HEAD OFFICE,THIRUVANANTHAPURAM-695001.

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2. THE BRANCH MANAGER THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD.

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KATTAKADA MAIN BRANCH,THIRUVANANTHAPURAM-695001.

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BY ADV. SRI.C.K.JAYAKUMAR, SC, TVM. DIST. CO.OP.BANK LTD,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.2865/13

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1: TRUE COPY OF POSSESSION NOTICE ISSUED BY THE 1ST RESPONDENT BANK.

//True Copy//

PA to Judge

ANTONY DOMINIC, J. ================ W.P.(C) NO. 2865 OF 2013

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===================

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Dated this the 4^th day of February, 2013

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J U D G M E N T

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Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

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Petitioner along with his wife had availed of a housing loan of `3,45,000/- from the respondent Bank in the year 2002. Default was committed and SARFAESI proceedings were initiated. Finally, the Bank has issued Ext.P1 possession notice. It is at that stage this writ petition is filed and the prayer made by the petitioner is to allow an instalment facility to clear the liability.

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Standing counsel for the respondent Bank submits that, as at present, the liability due from the petitioner is `5,92,765/- and he opposed the prayer made by the learned counsel for the petitioner. In this writ petition, petitioner is not disputing the liability or the quantum, but all that he wants is an instalment facility to discharge the liability itself.

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Therefore, I dispose of this writ petition directing that the petitioner will be allowed to pay the amount due to the Bank in 8 equal monthly instalments. The first instalment shall be paid on or

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WPC.No.2865/13

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:2 :

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before 15/2/13 and the subsequent instalments shall be paid on or before the 15^th of every succeeding month. Subject to payment as above, coercive action will stand deferred and in case of default, respondents will be free to continue the recovery proceedings already initiated.

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Sd/-

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ANTONY DOMINIC, JUDGE

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//True Copy//

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PA to Judge

Badarudeen a. v. the Authorised Officer, Thiruvananthapuram District Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

Badarudeen a. v. the Authorised Officer, Thiruvananthapuram District Co-Operative Bank Ltd.

Case brief

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What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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