Allowed

C.K. Moideen v. the Ottapalam Primary Co-Operative

Kerala HC12 Mar 2015WP(C)/1216/2015

Case brief

AI extract

What is this about?

Allowed; the High Court permitted the petitioner to pay the overdue loan amount in six monthly instalments. Coercive steps under the sale notice were held pending compliance, liable to resume on default.

What did the court decide?

Permission to pay overdue amount in six equal monthly instalments starting 31.03.2015; coercive steps under the sale notice put on hold if conditions met.

C.K. Moideen Vs the Ottapalam Primary… — Contract and Commercial Disputes | Kerala HC (2015)

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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 V.CHITAMBARESH

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THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936

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WP(C).No. 1216 of 2015 (B)

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PETITIONER:

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C.K. MOIDEEN, AGED 70 YEARS

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S/O.YOUSEPH, CHERIKALLINMEL HOUSE, CHOORAKODE POST VALLAPUZHA, OTTAPALAM TALUK PIN - 679 336

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BY ADV. SRI.R.SREEHARI

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RESPONDENTS:

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1. THE OTTAPALAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. P621 MAIN ROAD, OTTAPALAM, REPRESENTED BY ITS SECRETARY PIN - 679 101

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2. THE OTTAPALAM PRIMERY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. P. 621 PATTAMBI BRANCH, REPRESENTED BY THE BRANCH MANAGER PIN - 679 303

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3. THE SPECIAL SALE OFFICER FOR OTTAPALAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. OTTAPALAM (JUNIOR INSPECTOR OFFICE OF THE ASSISTANT REGISTRAR (G) OTTAPALAM - 679 101)

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R3 BY GOVERNMENT PLEADER SRI. T.R. RAJESH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DCS

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WP(C).No. 1216 of 2015 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXBT P1-	PHOTO COPY OF RELEVANT PAGES OF PASS BOOK WITH RESPECT OT THE LOAN ACCOUNT
EXBT P2-	PHOTOCOPY OF RECEIPT DATED 24.02.2014 ISSUED BY THE 2ND RESPONDENT
EXBT P3-	PHOTOCOPY OF RECEIPT DATED 30.06.2014 ISSUED BY THE 2ND RESPONDENT
EXBT P3(a)-	PHOTOCOPY OF RECEIPT DATED 30.06.2014 OF THE 2ND RESPONDENT
EXBT P4-	PHOTOCOPY OF RECEIPT DATED14.08.2014 OF THE 2ND RESPONDENT
EXBT P4(a)-	PHOTO COPY OF RECEIPT DATED 14.08.2014 OF THE 2ND RESPONDENT
EXBT P5-	PHOTOCOPY OF RECEIPT DATED 17.09.2014 OF THE 2ND RESPONDENT
EXBT P6-	PHOTO COPY OF RECEIPT DATED10.12.2014 OF THE 2ND RESPONDENT
EXBT P7-	PHOT COPY OF RECEIPT DATED 08.1.2015 OF THE 2ND RESPONDENT
EXBT P7(a)-	PHOTO COPY OF RECEIPT DATED 08.01.2015 OF THE 2ND RESPONDENT
EXBT P8-	PHOTO COPY OF SALE NOTICE DATED 09.12.2014 ISSUED BY THE 3RD RESPONDENT
RESPONDEN	T(S)' EXHIBITS:- NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

V. CHITAMBARESH, J

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W.P.(C). NO. 1216 OF 2015

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Dated this the 12^th day of March, 2015

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JUDGMENT

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Respondents 1 and 2 though served with notice in the writ petition have not entered appearance. All that the petitioner prays is for easy instalments to pay the overdue amount and get the loan account regularised. The period of the loan expires in the year 2019 and the overdue amount comes to about Rs. 1,80,000/-.

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I permit the petitioner to pay the overdue amount in six equal monthly instalments starting from 31.03.2015. This will be in addition to the equated monthly instalments which the petitioner is otherwise obliged to pay.

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The coercive steps pursuant to Ext.P8 notice shall be put on hold if the petitioner complies with the conditions in time. The coercive steps shall surge ahead if the petitioner commits default in the payment of any one of the instalments as directed.

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The writ petition is disposed of.

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V. CHITAMBARESH JUDGE

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DCS

C.K. Moideen v. the Ottapalam Primary Co-Operative

Case brief

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C.K. Moideen v. the Ottapalam Primary Co-Operative

Case brief

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