Allowed

Pius Jacob v. Special Sale Officer, Apcard Bank Ltd.

Kerala HC17 Mar 2015WP(C)/3587/2015

Case brief

AI extract

What is this about?

Petitioners sought easy instalments for dues and stay of proceedings. The High Court dispensed with elaborate findings and permitted payment in six equal monthly instalments starting 31.3.2015, holding coercive steps on hold if complied with.

What did the court decide?

Permission to pay dues in six equal monthly instalments starting 31.3.2015; coercive steps held on hold contingent on compliance.

Pius Jacob Vs Special Sale Officer, Apcard Bank Ltd. — Banking and Recovery | 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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TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936

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WP(C).No. 3587 of 2015 (W)

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PETITIONER(S):

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1. PIUS JACOB S/O.CHACKO DOMINIC, AGED 53 YEARS KUNANTH HOUSE, MANGALAM DESOM, PALGHAT DISTRICT

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2. SABU JACOB, AGED 50 YEARS, S/O.CHACKO DOMINIC OF DO. DO.

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BY ADVS.SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI

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RESPONDENT(S):

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1. SPECIAL SALE OFFICER, APCARD BANK LTD P620, ALATHUR P.O, PALGHAT DISTRICT.

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2. ALATHUR PRIMARY CO-OPERATIVE FARMERS GRAMA VIKASANA BANK LTD. P.620, VADAKKENCHERRY BRANCH VADAKKENCHERYP.O, PALGHAT DISTRICT REPRESENTED BY ITS BRANCH MANAGER

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3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETRY TO CO-OPERATION SECRETARIAT, TRIVANDRUM

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R2 BY ADV. SRI.P.K.VIJAYAMOHANAN R2 BY ADV. SRI.ANTONY ROBERT DIAS R BY GOVERNMENT PLEADER SRI.GIKKU JACOB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3587 of 2015 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1: TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT TO THE FIRST PETITIONER DATED 29.8.2014.

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EXHIBIT-P2: THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDNET TO THE 2ND PETITIONER.

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EXHIBIT-P3: THE TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT TO THE FIRST PETITIONER DATED 10.12.2014.

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EXHIBIT-P4: THE TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT TO THE 2ND PETITIONER DATED 10.12.2014.

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EXHIBIT-P5: THE TRUE COPY OF THE PETITION DATED 31.12.2014 FILED BEFORE THE THIRD RESPONDENT.

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RESPONDENT(S)' EXHIBITS- NIL

//TRUE COPY//

P.A. TO JUDGE

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V.CHITAMBARESH, J.

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W.P.(C) No.3587 of 2015

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Dated this the 17^th day of March, 2015

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JUDGMENT

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All that the petitioners pray is for easy instalments to pay the amount due to the second respondent bank and to defer the proceedings for stay. I permit the petitioners to pay the amount due in six equal monthly instalments starting from 31.3.2015.

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The coercive steps pursuant to Exhibits P1 and P2 notices shall be put on hold if the petitioners comply with the conditions in time. The coercive steps shall surge ahead if the petitioners commit 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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Sd/- V.CHITAMBARESH, JUDGE

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//TRUE COPY// PA. TO JUDGE

Pius Jacob v. Special Sale Officer, Apcard Bank Ltd.

Case brief

What is this about?

What did the court decide?

Pius Jacob v. Special Sale Officer, Apcard Bank Ltd.

Case brief

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What did the court decide?

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