Allowed

Muhammed Ismail, v. the Primary Co-Operative Agricultural

Kerala HC27 Jun 2022WP(C)/13067/2022

Case brief

AI extract

What is this about?

In a writ petition under Article 226 of the Constitution petitioners, facing coercive recovery of bank dues, sought permission to repay outstanding loan amounts via a structured monthly instalment plan. The Court stepped in to devise a specific repayment schedule and suspend immediate compulsory recovery actions.

What did the court decide?

Permission granted to repay ₹4,17,345 in 9 instalments and ₹4,67,473 in 15 instalments; recovery steps stayed pending compliance.

Muhammed Ismail, Vs the Primary Co-Operative… — Execution and Attachment | 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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MONDAY, THE 27^TH DAY OF JUNE 2022 / 6TH ASHADHA, 1944

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WP(C) NO. 13067 OF 2022

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PETITIONERS:

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1 MUHAMMED ISMAIL, AGED 43 YEARS, S/O. MEERA SAHIB, ILAHAM PURAYIDOM, PATHANAMTHITTA P.O., PATHANAMTHITTA-689645.

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2 SALMA BEEVI, AGED 62 YEARS, W/O. LATE ABDUL SALAM, SAJITH MANZIL, VETTIPPURAM, PATHANAMTHITTA P.O., PATHANAMTHITTA-689645.

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BY ADVS. S.SHANAVAS KHAN P.A.HANSALAH MOHAMMED S.INDU

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RESPONDENTS:

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1 THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. Q 390, PATHANAMTHITTA BRANCH, PATHANAMTHITTA DISTRICT-689645, REPRESENTED BY ITS BRANCH MANAGER.

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2 THE SPECIAL SALE OFFICER, THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO. Q 390, PATHANAMTHITTA BRANCH, PATHANAMTHITTA DISTRICT-689645. 3 THE VILLAGE OFFICER, VILLAGE OFFICE, PATHANAMTHITTA-689645. BY ADVS. D.KISHORE R.MURALEEKRISHNAN (MALAKKARA) SMT. MABLE C. KURIAN SR.GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13067 OF 2022

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T.R. RAVI, J.

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W. P. (C). No. 13067 of 2022

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-------------------------------------------Dated this the 27^th day of June, 2022

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JUDGMENT

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The petitioners have approached this Court seeking permission to repay the amount outstanding to the 1^st respondent Bank in easy monthly instalments.

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The 1^st respondent has filed a counter affidavit in which it is stated that the petitioners have availed of two loans. The period of the first loan is due to expire on 01.04.2023 and the total amount overdue on that loan is ₹4, 17 ,345/-. The second loan is one repayable in 84 months starting from 2017 and the amount outstanding as overdue is ₹4,67,473/-. The counsel for the 1^st respondent submitted that as far as the first loan is concerned, the petitioners have to pay it off within 01.04.2023 and a longer period can be granted regarding the second loan.

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In the above circumstances, this writ petition is disposed of with the following directions:

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(i) The amounts overdue on loan account PELS053/2012-13, of ₹4,17,345/- shall be paid by the petitioners in 9 monthly instalments. The first instalment

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WP(C) NO. 13067 OF 2022

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will fall due on or before 27.07.2022 and the subsequent instalments will be payable on or before 27^th day of every succeeding months. The petitioners shall also pay the regular monthly instalments along with the amount as directed above.

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(ii) Regarding loan No.PNRH042/2017-18, the

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overdue amount of ₹4,67,473/- shall be paid by the petitioners in 15 equal monthly instalments. The first instalment will fall due on or before 27.07.2022 and the subsequent instalments will be payable on or before 27^th day of every succeeding months. The petitioners shall also pay the regular monthly instalments along with the amount as directed above.

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(iii) If the petitioners make default in payment of any two consecutive instalments, the respondents are at liberty to continue with the coercive steps for recovery.

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(iv) Steps for recovery shall be kept in abeyance to facilitate the payment of instalments.

Sd/-

T.R. RAVI JUDGE

WP(C) NO. 13067 OF 2022

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APPENDIX OF WP(C) 13067/2022

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PETITIONERS' EXHIBITS

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Exhibit P1 TRUE COPY OF THE COMMUNICATION DATED 01/08/2019 ISSUED BY THE FIRST RESPONDENT. Exhibit P2 TRUE COPY OF THE NOTICE DATED 01/03/2022 ISSUED BY THE SECOND RESPONDENT. Exhibit P3 TRUE COPY OF THE SALE NOTICE DATED 18/02/2022 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONERS. RESPONDENTS' EXHIBITS Exhibit R1(A) TRUE COPY OF THE MEMBER LIABILITY REPORT DATED 15-6-2022.

Muhammed Ismail, v. the Primary Co-Operative Agricultural

Case brief

What is this about?

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Muhammed Ismail, v. the Primary Co-Operative Agricultural

Case brief

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