Allowed

Abdul Samad v. Kattakada Primary Cooperative Agricultural Rural Development Bank Limited

Kerala HC17 Feb 2022WP(C)/3405/2022

Case brief

AI extract

What is this about?

This writ petition sought relief for a defaulting borrower facing eviction via sale of property, requesting an instalment plan. The court granted permission to repay the debt and interest in fifteen equal monthly instalments, warning of immediate recovery proceedings upon default of any instalment.

What did the court decide?

Permission granted to pay off the due debt, inclusive of interest and costs, in fifteen equal monthly instalments starting from 15.03.2022, with contingency that default in any instalment will result

Abdul Samad Vs Kattakada Primary Cooperative Agricultural… — Consumer Protection | 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 SATHISH NINAN

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THURSDAY, THE 17^TH DAY OF FEBRUARY 2022 / 28TH MAGHA,

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1943

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WP(C) NO. 3405 OF 2022

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PETITIONER:

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ABDUL SAMAD,AGED 62 YEARS,ABDUL AHAD MANZIL, OOTTUKUZHI, KUDAPPANAMOODU, TRIVANDRUM, PIN - 695505

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BY ADVS. S.MOHAMMED AL RAFI MUHAMMED SUHAIL K.H.

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RESPONDENTS:

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1 KATTAKADA PRIMARY COOPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LIMITED,MALAYINKEEZHU, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN - 695571

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2 SALE OFFICER KATTAKADA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD NO T 2037, MALAYINKEEZHU, THIRUVANANTHAPURAM, PIN - 695571 BY ADVS. T.R.HARIKUMAR ARJUN RAGHAVAN SR.G.P SMT. RESMI. K.M

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W P(C) NO.3405 of 2022

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JUDGMENT

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Repayment of the loan availed by the petitioner along with his wife, from the 1^st respondent bank was defaulted. Thereupon, the Bank initiated steps for recovery of the debt by sale of immovable property. The sale is scheduled on 24.02.2022. The petitioner

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has approached this Court seeking instalment facility to wipe off the entire debt.

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Heard the learned counsel for the petitioner

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and the learned standing counsel for the Bank.

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The source of income of the petitioner is

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stated to be from agricultural activities and very meager. The petitioner and family is in grave financial difficulties. On the above plea, petitioner seeks for a sympathetic consideration and to permit him to repay the debt in reasonable monthly instalments. As per Ext P1 sale notice, the amount due is approximately Rs.12 Lakhs.

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Considering the entire facts and circumstances,

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I dispose of the Writ Petition, permitting the

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W P(C) NO.3405 of 2022

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petitioner to pay off the debt due to the Bank, inclusive of interest and costs, in fifteen equal monthly instalments commencing from 15.03.2022. In case of default in payment of a single instalment, the petitioner will lose the benefit granted under this judgment and further proceedings for recovery can go on.

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Sd/-

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Sathish Ninan, Judge

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vdv

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W P(C) NO.3405 of 2022

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APPENDIX OF WP(C) 3405/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 15/01/2022 ISSUED BY THE 2ND RESPONDENT

Abdul Samad v. Kattakada Primary Cooperative Agricultural Rural Development Bank Limited

Case brief

What is this about?

What did the court decide?

Abdul Samad v. Kattakada Primary Cooperative Agricultural Rural Development Bank Limited

Case brief

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What did the court decide?

What the court decided

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