Disposed

Moosa Keloth v. Kozhikode District Co-Operative Bank Ltd.

Kerala HC20 Jun 2014WP(C)/11794/2014

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Kerala, on the petitioner's plea of incurable illness and financial ruin from medical expenses, granted permission to pay a bank balance of Rs. 1,36,065/- in monthly instalments of Rs. 10,000. The Court also directed the petitioner to seek a waiver of the balance amount.

What did the court decide?

Permission to pay the balance amount of Rs. 1,36,065/- in monthly instalments of Rs. 10,000 each; direction to seek waiver of balance.

Moosa Keloth Vs Kozhikode District Co-Operative Bank Ltd. — Banking and Recovery | Kerala HC (2014)

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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 K.SURENDRA MOHAN

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FRIDAY, THE 20TH DAY OF JUNE 2014/30TH JYAISHTA, 1936

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WP(C).No. 11794 of 2014 (Y)

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PETITIONER(S):

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MOOSA KELOTH, AGED 53, S/O.LATE IMBICHALI, KUNNATHARA P.O., QUILANDY VIA, KOZHIKODE-673 620.

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BY ADV. SRI.E.NARAYANAN

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RESPONDENT(S): --------------

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THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD KALLAYI ROAD, KOZHIKODE-2 REPRESENTED BY ITS BRANCH MANAGER. BY ADV. SRI.R.SUDHISH, SC, KOZHIKODE DIST.CO.OP. BANK, LTD.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 11794 of 2014 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1.	TRUE COPY OF NOTICE DATED 12/2/2014 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER
EXT.P2.	TRUE COPY OF CASE SHEET OF THE PETITIONER EVIDENCING HE HAS SEVERAL BLOCKS IN HIS HEART.
EXT.P3.	TRUE COPY OF PTCA REPORT ISSUED FROM THE HOSPITAL
EXT.P4.	TRUE COPY OF CULTURE AND SENSITIVE REPROT DATED 8/9/2012.
EXT.5.	TRUE COPY OF OP TICKETS ISSUED FROM THE GOVERNMENT GENERAL HOSPITAL, KOZHIKODE.
EXT.6	TRUE COPY OF THE CATHETERISATION APPOINTMENT CARD DATED 07.03.2014.

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RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P. A. TO JUDGE

K.SURENDRA MOHAN, J.

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------------------------------------ W.P.(C)No.11794 of 2014

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Dated this the 20^th day of June, 2014

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J U D G M E N T

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The learned counsel for the respondent on instructions submits that the balance amount due from the petitioner as on 31.05.2014 is `1,36,065/-. The learned counsel for the petitioner submits that, the petitioner is suffering from a number of ailments. He is incapacitated. He had to incur substantial expenditure for his treatment which involved an open heart surgery. The expenses have ruined his financial stability also. For the above reasons, the learned counsel for the petitioner seeks permission to pay the entire amount in monthly instalments. He also seeks the issue of a direction to the 1^st respondent Bank to consider waiver of some portion of the balance amount, considering his pitiable condition. Adv.Sri.R.Sudheesh appears for the respondent Bank.

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Heard. In view of the pathetic condition of the petitioner, I am satisfied that the petitioner can be granted a chance to pay the entire amount in monthly instalments. In the meanwhile, the petitioner can also submit a representation to the 1^st respondent Bank seeking waiver of some portion of the balance amount that is demanded.

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This writ petition is, therefore, disposed of with the following directions :

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The petitioner shall pay the balance amount of `1,36,065/-

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W.P.(C)No.11794 of 2014

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(Rupees One lakh thirty six thousand and sixty five only) that is stated to be due and payable to the Bank, with up to date interest thereon in monthly instalments of `10,000/each. The 1^st instalment shall be paid on or before 15.07.2014. The subsequent instalments shall be paid on or before the 15^th day of each succeeding month thereafter. In the event of the petitioner committing default in payment of any of the instalments, he shall forfeit the benefit of this judgment and the Bank shall be at liberty to proceed with the execution proceedings thereafter.

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1. The petitioner shall also submit a proper representation to the 1^st respondent Bank detailing his pathetic health condition and seeking waiver of some portion of the balance amount that is remaining unpaid. Such a representation if submitted before 15.07.2014, the 1^st respondent shall consider the same and shall pass appropriate orders thereon, as expeditiously as possible and any rate within a period of one month thereafter. In the event of waiver being granted, the monthly instalments shall also be reduced by the Bank suitably, so as to permit the petitioner to pay off the balance amount without difficulty.

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Sd/-

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K.SURENDRA MOHAN, JUDGE.

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Moosa Keloth v. Kozhikode District Co-Operative Bank Ltd.

Case brief

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Moosa Keloth v. Kozhikode District Co-Operative Bank Ltd.

Case brief

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