Court disposed of a writ petition by allowing petitioners to pay hovering dues through 8 equal monthly installments, deferring coercive recovery action conditionally on compliance.
Ordered the petitioners to pay the amounts due in 8 equal monthly instalments, with the first due on or before 10th of March 2013, and deferred coercive action.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
THURSDAY, THE 14TH DAY OF FEBRUARY 2013/25TH MAGHA 1934
W.P.(C).No. 3291 of 2013 (J)
PETITIONER(S):
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1. JAYA RAJU, W/O.P.K.RAJU, PURAYIDATHIL HOUSE, VADAVUKODE P.O., PUTHENCRUZ VADAVUKODE VILLAGE, KUNNATHUNADU THALUK
ERNAKULAM DISTRICT, PIN- 683 016.
2. P.K.RAJU, NO.6, KOLATHERIL TOWERS, VALANJAMBALAM, CHITTOOR ROAD, ERNAKULAM VILLAGE, KANAYANNUR THALUK, ERNAKULAM DISTRICT, PIN -683 562.
BY ADVS.SRI.P.S.SUJETH SMT.M.R.REENA
RESPONDENT(S):
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1. THE AUTHORISED OFFICER & CHIEF MANAGER, BANK OF INDIA, ZONAL OFFICE, KERALA ZONE, KADAVANTHRA ROAD, ERNAKULAM, KOCHI- 682 017.
2. THE BRANCH MANAGER, BANK OF INDIA, KAKKANADU BRANCH, ERNAKULAM DISTRICT, PIN 682 030.
BY ADV. SRI.KODOTH SREEDHARAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs.
WP(C).No. 3291 of 2013 (J)
APPENDIX
PETITIONER(S) EXHIBITS :
RESPONDENTS' EXHIBITS :
NIL.
/True Copy/
P.A.TO JUDGE
rvs.
ANTONY DOMINIC, J. ================ W.P.(C) NO. 3291 OF 2013
===================
Dated this the 14th day of February, 2013
J U D G M E N T
Heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondent Bank.
When the writ petition was taken up, the only request made by the petitioners was for an instalment facility to settle the entire amount due. Now that such a limited request is made, I dispose of this writ petition directing that the petitioners will be allowed to pay the amounts due to the Bank in 8 equal monthly instalments. The first instalment shall be paid on or before 10/3/13 and the subsequent instalments shall be paid on or before the 10th of
WPC.No.3291/13
:2 :
every succeeding month. Subject to payment as above, coercive action will stand deferred and in case of default, the Bank will be free to continue the recovery proceedings already initiated.
ANTONY DOMINIC, JUDGE
Rp
2 issues framed by the court
Whether a conditional order allowing installment payment can be granted when the petitioners have already defaulted on SARFAESI proceedings.
Whether writ jurisdiction should be exercised to defer coercive action upon the petitioners submitting a limited request for instalment facility to settle dues.
JAYA RAJU
P.K.RAJU
THE AUTHORISED OFFICER & CHIEF MANAGER, BANK OF INDIA, ZONAL OFFICE, KERALA ZONE, KADAVANTHRA ROAD, ERNAKULAM, KOCHI
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
