Partly allowed

Johnson T.O v. Irinjalakuda Co-Operative Agricultural and Rural Development Bank Ltd.No.R 312

Kerala HC22 Nov 2022WP(C)/10685/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking to regularize a loan account. It allowed the petitioner to pay overdue dues in 12 equal monthly instalments, with the first due in December 2022, and directed the bank to keep recovery steps in abeyance pending adherence to the schedule.

What did the court decide?

Allowed payment of the overdue amount of Rs.6,83,473/- in 12 equal monthly instalments, with the first due on or before 21.12.2022, and directed the respondent to keep recovery steps in abeyance.

Johnson T.O Vs Irinjalakuda Co-Operative… — Contract and Commercial Disputes | Kerala HC (2022)

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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 T.R.RAVI

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TUESDAY, THE 22^ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA, 1944

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WP(C) NO. 10685 OF 2022

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PETITIONER:

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JOHNSON T.O AGED 54 YEARS S/O. OUSEPH, THAIVALAPPIL HOUSE, KOTTANELLUR P.O., IRINJALAKUDA, THRISSUR, PIN-680662.

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BY ADVS. AADITHYAN S.MANNALI VISAKH ANTONY

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RESPONDENT:

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IRINJALAKUDA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.R 312, REPRESENTED BY ITS SECRETARY, IRINJALAKUDA P.O., THRISSUR DISTRICT-680121.

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SRI.ABRAHAM MATHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 10685 OF 2022 2

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T.R. RAVI, J.

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W.P.(C).No.10685 of 2022

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Dated this the 22^nd day of November, 2022

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JUDGMENT

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Admit. Standing Counsel takes notice for the respondent.

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The prayer in the writ petition is to permit the petitioner to pay off the overdue amounts in easy instalments and to regularise the loan account. The Standing Counsel on instructions submits that the overdue amount is Rs.6,83,473/-.

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In the above circumstances, the writ petition is disposed of directing the petitioner to pay off the overdue amount of Rs.6,83,473/- in 12 equal monthly instalments, the first instalment falling due on or before 21.12.2022 and the subsequent instalments falling due on or before the 21^st of the succeeding months. The petitioner shall also pay the regular monthly instalments along with the instalments towards the overdue amount as stated above. If the petitioner makes two consecutive defaults in the payment of instalments, the respondent will be at liberty to continue with coercive steps for recovery. The recovery steps initiated shall be kept

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WP(C) NO. 10685 OF 2022 3

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in abeyance to facilitate the payment of instalments as directed

above.

Sd/-

T.R.RAVI JUDGE

LEK

WP(C) NO. 10685 OF 2022 4

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APPENDIX OF WP(C) 10685/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE PASS BOOK OF THE PETITIONER WITH RESPECT TO THE RESPONDENT BANK.
Exhibit P2	TRUE COPY OF THE DEMAND NOTICE DATED 14.3.2022 FROM THE RESPONDENT BANK.
Exhibit P3	TRUE COPY OF THE RESPONDENT BANK RECEIPTS DATED 2.2.2022.

Johnson T.O v. Irinjalakuda Co-Operative Agricultural and Rural Development Bank Ltd.No.R 312

Case brief

What is this about?

What did the court decide?

Johnson T.O v. Irinjalakuda Co-Operative Agricultural and Rural Development Bank Ltd.No.R 312

Case brief

What is this about?

What did the court decide?

What the court decided

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