The High Court in a writ petition under Article 226 permitted the petitioner to repay loan dues via instalments. The recovery proceedings were stayed pending payment, with default attracting coercive action. The sale notice remains live.
Petitioner to pay Rs. 1,50,000 by 28.3.2018 and balance in nine monthly instalments; stay recovery proceedings pending payment.
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 ANIL K.NARENDRAN
MONDAY, THE 19TH DAY OF FEBRUARY 2018 / 30TH MAGHA, 1939
WP(C).No. 1507 of 2018
PETITIONER:
K.M. SEBASTIAN, AGED 67 YEARS, S/O LATE DEVASIA JOHN, VALLOMBRAYIL, PARAPPA, BALAL, KASARAGOD, VILLARIKUNDU, KERALA-671533.
BY ADVS.SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI
RESPONDENT(S):
1. THE MANAGER, THE VELLARIKUNDU PRIMARY CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.539, BEEMANODY P.O., KASARAGOD DISTRICT - 671 314. 2. SALE OFFICER, THE VELLARIKUNDU PRIMARY CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.539, BEEMANODY P.O., KASARAGOD DISTRICT-671314. R1 BY ADVS. SRI.T.B.HOOD SMT.M.ISHA SRI.AMAL KASHA R2 BY SENIOR GOVERNMENT PLEADER SRI.K.P. HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 1507 of 2018 (K)
APPENDIX
PETITIONERS' EXHIBITS: --------------------EXHIBIT P1: THE PHOTOSTAT COPY OF RECOVERY NOTICE. EXHIBIT P2: THE COPY OF THE SALE NOTICE ISSUED BY THE SAIL OFFICER. RESPONDENTS' EXHIBITS: NIL ---------------------
/TRUE COPY/
P.S.TO JUDGE
mbr/ 24.2.2018.
ANIL K. NARENDRAN, J.
W.P(C) No.1507 of 2018
Dated this the 19th day of February, 2018
J U D G M E N T
The petitioner, who availed a loan from the 1st respondent Bank, has approached this Court under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P2 sale notice dated 6.12.2017 issued by the 2nd respondent Sale Officer and for other consequential reliefs including an opportunity to clear the arrears in 20 instalments.
W.P(C) No.1507 of 2018 2
also the learned counsel for the 1st respondent.
learned counsel on both sides, this writ petition is disposed of with the following directions;
i) The petitioner shall pay off the entire dues, amounting to ₹12,03,533/- as on 29.1.2018 (less 75,000/- paid in terms of the₹ interim order of this Court dated 16.1.2018), by remitting 1,50,000/- on or before ₹ 28.3.2018
W.P(C) No.1507 of 2018 3
and the balance amount in ' nine ' equal monthly instalments commencing from 28.4.2018 and the subsequent instalments payable on or before the 28th day of the succeeding months.
ii) If the petitioner is remitting the aforesaid instalments in time, without any default, all the recovery proceedings pursuant to Ext.P2 sale notice shall be kept in abeyance, so as to enable the petitioner to pay off the amount as above.
iii) In case of any default committed by the petitioner in remitting any one of the aforesaid instalments, it would be open to respondents 1 and 2 to proceed further with the coercive steps, in accordance with law.
Sd/-
ANIL K. NARENDRAN JUDGE
ab
2 issues framed by the court
Whether the petitioner is eligible to pay off loan dues in instalments pending a sale notice
Whether recovery proceedings must remain in abeyance during instalment payments
K.M. Sebastian
The Manager, The Vellikundu Primary Co-op. Agricultural and Rural Development Bank Ltd.
Sale Officer, The Vellikundu Primary Co-op. Agricultural and Rural Development Bank Ltd.
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
