In a writ petition, the High Court of Kerala permitted the petitioner to pay outstanding bank dues in eight equal monthly instalments and temporarily suspended coercive recovery steps conditioned on timely payment.
Permission to pay dues in eight equal monthly instalments; suspension of coercive steps if instalments are paid on time.
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
WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937
WP(C).No. 5194 of 2015 (Y)
PETITIONER:
SHEREEF, AGED 41 YEARS S/O.ALIYARU KUNJU, SABID MANZIL, ADICHANALLOOR KOLLAM.
BY ADV. SRI.B.MOHANLAL
RESPONDENTS:
1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES COLLECTORATE, CUTCHERY P.O., KOLLAM-691 013.
2. THE ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE BANK LIMITED-2609, ADICHANALLOOR P.O., KOLLAM REPRESENTED BY ITS SECRETARY, PIN-691 573.
3. THE SALE OFFICER
THE ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE BANK LIMITED-2609 ADICHANALLOOR P.O., KOLLAM (ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KOLLAM) PIN-691 573.
R1 BY GOVERNMENT PLEADER SRI. SHYSON P. MANGUZHA R2 BY ADVS. SRI.G.D.PANICKER SMT.JEENA JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 5194 of 2015 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1TRUE COPY OF THE SALE NOTICE EA NO.2876/2013 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
RESPONDENT(S)' EXHIBITS:-
EXT.R2(a)TRUE PHOTOCOPY OF THE FOLIO NO. 133 OF THE BANK IN RESPECT OF THE PETITIONER EXT.R2(b)TRUE PHOTOCOPY OF THE VENKADAPATHRAM AND SURETY BOND EXECUTED BY THE PETITIONER EXT.R2(c)TRUE PHOTOCOPY OF THE GEHAN REGISTERED ON 03.08.2010
/TRUE COPY/
P.A. TO JUDGE
DCS
V. CHITAMBARESH, J
W.P.(C). NO. 5194 OF 2015
Dated this the 24th day of June, 2015
JUDGMENT
All that the petitioner prays is for easy instalments to pay the dues to the second respondent bank and to avert the coercive steps in the meanwhile.
The writ petition is disposed of.
V. CHITAMBARESH JUDGE
DCS
1 issue framed by the court
Whether the petitioner is entitled to repay bank dues in equal instalments to prevent coercive recovery steps.
SHEREEF
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES COLLECTORATE, CUTCHERY P.O., KOLLAM
THE ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE BANK LIMITED
THE SALE OFFICER
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
