Court permitted petitioner to repay outstanding bank loan in ten equated monthly instalments starting from 16-08-2016, directing bank to provide account statement as on 31-07-2016.
Permitted payment in ten equated monthly instalments from 16-08-2016; directed bank to issue account statement as on 31-07-2016.
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 SHAJI P.CHALY
MONDAY, THE 11TH DAY OF JULY 2016/20TH ASHADHA, 1938
WP(C).No. 8145 of 2016 (P)
PETITIONER :
YOUSUF,
S/O.LATE MOHAMMEDKUTTY, PARAMBATH HOUSE, AMBAZHAKOODU, P.O.KOTTOPPADAM - 678 583, PALAKKAD DISTRICT.
BY ADV. SRI.V.K.MOHAMMED YOUSUF
RESPONDENT(S):
1. ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPEATIVE HOUSING FEDERATION,
KOZHIKODE - 6.
2. KUMARAMPUTHOOR CO-OPERATIVE SOCIETY LTD NO. P813, MANNARKKAD COLLEGE P.O, PIN - 678 583.
R2 BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 8145 of 2016 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
P1(A) - TRUE ENGLISH TRANSLATON OF EXT.P1
P4(A) - ENGLISH TRANSLATION OF EXT.P4.
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
SHAJI P. CHALY, J.
W.P.(C) No.8145 of 2016
Dated this the 11th day of July, 2016
J U D G M E N T
This writ petition is filed by the petitioner challenging the
recovery action initiated by the second respondent bank, seeking recovery of the outstanding loan amount from the father of the petitioner. Admittedly, father of the petitioner has availed a loan from the second respondent bank and has defaulted the repayment. Consequent to the same, bank has initiated appropriate action to recover the amount, which is under challenge in this writ petition.
W.P.(C) No.8145 of 2016 2
counsel for the petitioner submitted that the outstanding defaulted amount can be repaid in equated monthly instalments. While this writ petition was admitted by this Court, learned judge has granted an order of stay on condition that petitioner remits1 /3 of the loan amount to the second respondent bank. Learned counsel for the petitioner submits that the interim order is complied with.
Writ petition (civil) is disposed of accordingly.
Sd/- SHAJI P. CHALY, JUDGE.
SKK
2 issues framed by the court
Whether any interference is required in the recovery action initiated by the bank.
Whether the petitioner is permitted to repay the outstanding loan amount in equated monthly instalments.
1 provisions across 1 enactments
YOUSUF
ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPEATIVE HOUSING FEDERATION, KOZHIKODE
KUMARAMPUTHOOR CO-OPERATIVE SOCIETY LTD NO. P813, MANNARKKAD COLLEGE P.O
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
