The Court allowed the petitioner to pay the overdue loan amount in four equal monthly instalments, in addition to EMIs, and stayed coercive steps contingent upon timely compliance.
Permission to pay overdue amount in four equal monthly instalments starting 30.04.2015 in addition to EMIs; coercive steps stayed pending compliance.
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 V.CHITAMBARESH
THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937
WP(C).No. 18347 of 2014 (P)
PETITIONER:
N.HARIDASAN, S/O.GOVINDAN, NADUVEETIL HOUSE, NADUVATH, WANDOOR, MALAPPURAM.
BY ADV. SRI.T.PRASAD
RESPONDENTS:
R2 BY ADV. SRI.V.RAJENDRAN
BY GOVERNMENT PLEADER SRI. GIKKU JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18347 of 2014 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1 COPY OF THE SALE NOTICE IN E.P.1/13-14 DATED 13/05/2014 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
EXT.P2 COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
RESPONDENT(S)' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
WP(C) NO. 18347 OF 2014
Dated this the 26th day of March, 2015
JUDGMENT
All that the petitioner prays is for easy instalments to pay the overdue amount and to have the loan account regularised. The period of the mortgage loan expires in the year 2022 only and the overdue amount comes to less than `25,000/-.
The Writ Petition is disposed of.
V. CHITAMBARESH JUDGE
ncd
2 issues framed by the court
Whether the petitioner can be allowed to pay the overdue loan amount in instalments to regularize the account.
Whether coercive steps under sale notices should be stayed pending compliance with payment conditions.
N.HARIDASAN
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
THE NILAMBUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.
THE SPECIAL SALE OFFICER
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
