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Mini Sathyan v. Perumpuzha Gramodharana Service Co-Operative Bank

Kerala HC20 Feb 2018WP(C)/1360/2018

Case brief

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What is this about?

A writ petition was filed seeking quashing of a sale notice and order for installment payment of loan dues. The court granted a direction to pay the balance amount in 10 monthly installments, keeping recovery proceedings in abeyance conditional on timely payment.

What did the court decide?

Petitioners to pay balance dues in 10 monthly installments; recovery proceedings in abeyance on compliance.

Mini Sathyan Vs Perumpuzha Gramodharana… — Contract and Commercial Disputes | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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TUESDAY, THE 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939

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WP(C).No. 1360 of 2018

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PETITIONER(S):

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1 MINI SATHYAN, S/O. SATHYAN, AGED 50 YEARS, MADANVILA VEEDU, PARUMPUZHA, KOLLAM.

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2 SATHYAN, S/O. NARAYANAN, AGED 64 YEARS, MADANVILA VEEDU, PARUMPUZHA, KOLLAM.

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BY ADV.SRI.R.SATISH KUMAR

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RESPONDENT(S):

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1. PERUMPUZHA GRAMODHARANA SERVICE CO-OPERATIVE BANK, PERUMPUZHA GRAMODHARANA SERVICE, CO-OPERATIVE BANK, PERUMPUZHA - 691 504 REPRESENTED BY ITS MANAGER.

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2. SPECIAL SALES OFFICER, PERUMPUZHA GRAMODHARANA SERVICE, CO-OPERATIVE BANK, CHATHANNUR RCB GROUP, CO-OPERATIVE ASSISTANT REGISTRAR OFFICE (J), KOLLAM - 691 504.

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R1 BY ADV. SRI.K.S.MANU (PUNUKKONNOOR)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 1360 of 2018 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1. TRUE COPY OF THE SALE NOTICE DATED 5.1.2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2. MARRIAGE INVITATION CARD OF PETITIONER'S DAUGHTER

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RESPONDENT'S EXHIBITS NIL

/TRUE COPY/

PA TO JUDGE

PBS

ANIL K.NARENDRAN, J.

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----------------------------------------------- W.P.(C)No.1360 of 2018

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Dated this the 20^th day of February, 2018

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J U D G M E N T

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The petitioners, who availed a loan for Rs.7 lakhs from the 1^st respondent Bank in the year 2008, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 sale notice dated 5.1.2018 issued by the 2^nd respondent Special Sales Officer. The petitioners have also sought for a writ of mandamus commanding the respondents to allow them to remit the amount demanded in Ext.P1 sale notice in 15 equal monthly installments.

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On 15.1.2018, when this writ petition came up for admission, this Court issued urgent notice on admission by speed post to respondents 1 and 2. This Court has also granted an interim stay of all further proceedings pursuant to Ext.P1 sale notice for a period of one month, on condition that the petitioners deposit a sum of Rs.50,000/- with the 1^st respondent Bank within a period of two weeks.

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Heard the learned counsel for the petitioners, the

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W.P.(C)No.1360 of 2018

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:-2-:

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learned counsel for the 1^st respondent Co-operative Bank and also the learned Senior Government Pleader appearing for the 2^nd respondent.

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The learned counsel for the petitioners would submit that in terms of the interim order of this Court dated 15.1.2018, the petitioners have already deposited a sum of Rs.50,000/- and that for payment of the balance dues, the petitioners require a reasonable opportunity to make payments in monthly installments.

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The learned counsel for the 1^st respondent Bank would submit that the total liability as on the date of issuance of Ext.P1 sale notice, i.e., 5.1.2018, comes to Rs.5,29,523/-, out of which, the petitioners have already remitted a sum of Rs.50,000/-. The 1^st respondent Bank has no objection in this Court granting a reasonable opportunity to the petitioners to pay off the balance amount due in monthly installments.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions ;

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(i) The petitioners shall pay off the entire balance amount outstanding in respect of the loan transaction in question,

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W.P.(C)No.1360 of 2018

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:-3-:

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(less Rs.50,000/- deposited in terms of the interim order dated 15.1.2018) together with future interest, in 10 equal monthly installments commencing from 27.2.2018 and the subsequent installments payable on or before the 27^th day of the succeeding months.

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(ii) If the petitioners are remitting the aforesaid installments in time, without any default, all recovery proceedings pursuant to Ext.P1 shall be kept in abeyance, so as to enable the petitioners to pay off the entire dues in monthly installments, as above.

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(iii) In case of any default committed by the petitioners in remitting any one of the aforesaid installments, it will be open to the respondents to proceed further with the coercive steps, in accordance with law.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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ami/20.2.18

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//True copy//

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P.A.to Judge

Mini Sathyan v. Perumpuzha Gramodharana Service Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Mini Sathyan v. Perumpuzha Gramodharana Service Co-Operative Bank

Case brief

What is this about?

What did the court decide?

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