Disposed

Linoj.M.S. v. State of Kerala

Kerala HC16 Jun 2022WP(C)/12085/2022

Case brief

AI extract

What is this about?

The court disposed of this writ petition by permitting the petitioner to pay outstanding bank loans in instalments, staying coercive recovery steps pending adherence to the payment schedule.

What did the court decide?

The petitioner paid off the balance outstanding in the loans availed of from the respondent Bank in instalments payable in monthly installments if default of two consecutive instalments the respondent

Linoj.M.S. Vs State of Kerala — Kerala HC (2022) — LawSathi Research

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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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THURSDAY, THE 16^TH DAY OF JUNE 2022 / 26TH JYAISHTA, 1944

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WP(C) NO. 12085 OF 2022

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PETITIONER :

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LINOJ.M.S, AGED 37 YEARS, S/O.SUBRAMANIAN, MANATHALA HOUSE, WEST VEMBALLOOR, KODUNGALLOOR, THRISSUR DISTRICT, PIN - 680 671.

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BY ADVS.DINESH MATHEW J.MURICKEN VINOD S. PILLAI, K.A.ABHILASH, MOHAMMED THAYIB N.M, NAYANA VARGHESE AHAMMAD SACHIN K & K.S.SANGEETHA (KOOMBEL).

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

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2 JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR (GENERAL), SAHAKARANA BHAVAN, THRISSUR DISTRICT, PIN - 680003.

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3 THE SALE OFFICER, THE KODUNGALLUR TALUK PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.R-1353, P.O.KODUNGALLUR, THRISSUR DISTRICT, PIN - 680664.

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4 THE KODUNGALLUR TALUK PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.R-1353 P.O.KODUNGALLUR, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 680664

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R3 & R4 BY ADVS.T.R.HARIKUMAR & ARJUN RAGHAVAN R1 & R2 BY SRI. DHEERAJ A.S, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) No.12085 of 2022 2

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T.R.RAVI, J.

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W.P(C) No.12085 of 2022

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Dated this the 16^th day of June, 2022.

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J U D G M E N T

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Petitioner seeks permission to pay off the balance outstanding in the loans availed of from the respondent Bank in instalments. A statement has been filed by the learned counsel for the 4^th respondent giving the details of the various loan accounts, the period of the loan accounts and the amounts outstanding.

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Having gone through the statement and having heard

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the submissions of either parties, this writ petition is disposed of permitting the petitioner to pay the amounts overdue in the following manner :

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(i) The petitioner shall pay a sum of Rs.45,000/(Rupees forty five thousand only) per month for six months, the first instalment falling due on or before 15-07-2022 and the subsequent instalments on or before the 15^th of the succeeding months. The abovesaid amounts shall be adjusted

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by the respondent towards the amounts due under

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the loan account KFKS010/2016-17,

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W.P(C) No.12085 of 2022 3

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KNCS078/2016-17 and KNCC020/2021-22 and

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the balance if any towards the other two loans. (ii) Thereafter, the petitioner shall wipe off the balance overdue amounts in 12 monthly instalments, the first instalment falling due on or before 15-012023. The petitioner shall pay Rs.65,000/(Rupees sixty five thousand only) as each instalments for the first 11 instalments and the entire balance outstanding in the 12^th instalment. (iii) The payment shall be made along with the regular equal monthly instalments in the Loan Account Nos.KKNB045/2016-17 and KELS068/2016-17.

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(iv) If the petitioner makes a default of two consecutive instalments, the respondents are free to proceed with the steps for recovery.

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(v) Coercive steps for recovery will be kept in abeyance to facilitate payment in instalments.

Sd/-

T.R.RAVI, JUDGE

amk

W.P(C) No.12085 of 2022 4

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APPENDIX OF WP(C) 12085/2022

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PETITIONER'S EXHIBITS :

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Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 25.2.2022 WITH RESPECT TO THE SALE PROPERTY OF THE PETITIONER PUBLISHED IN MALAYALA MANORAMA DAILY ON 27.02.2022.

Linoj.M.S. v. State of Kerala

Case brief

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Linoj.M.S. v. State of Kerala

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