Allowed

Spinks T. George v. Special Sale Officer

Kerala HC18 Feb 2022WP(C)/4974/2022

Case brief

AI extract

What is this about?

The Court directed the bank to allow the loan defaulting petitioner to clear the entire liability with interest and costs in eighteen equal monthly instalments, permitting recovery proceedings to resume upon default of a single instalment.

What did the court decide?

The petitioner shall be permitted to clear the entire liability, with interest and costs, in eighteen equal monthly instalments commencing from 15.03.2022.

Spinks T. George Vs Special Sale Officer — 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 SATHISH NINAN

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FRIDAY, THE 18^TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943

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WP(C) NO. 4974 OF 2022

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PETITIONER:

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SPINKS T. GEORGE,THYLAMMANAL HOUSE, ARUVITHURA P O, KOTTAYAM-686122.

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BY ADVS. SHAJI THOMAS JEN JAISON

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RESPONDENTS:

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1 SPECIAL SALE OFFICER MEENACHIL CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK GROUP PALA, KOTTAYAM-686575.

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2 MEENACHIL CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.K.197. REPRESENTED BY ITS SECRETARY, PALA, KOTTAYAM DISTRICT-686575.

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BY ADV SUNIL CYRIAC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.4974 of 2022

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JUDGMENT

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Repayment of the loan availed by the petitioner from the respondent bank was defaulted. Consequent thereon, the bank initiated recovery proceedings. It is thereupon, that the petitioner has approached this Court. The petitioner seeks for a reasonable instalment facility to pay off the liability.

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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 petitioner is in grave financial

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difficulties and shall have the debt cleared off in instalments, is the submission of the petitioner.

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Considering the entire circumstances, the financial stringency pointed out by the petitioner, and also the quantum involved, I am of the opinion that a reasonable facility could be afforded to the petitioners.

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Accordingly, the writ petition is disposed of with the following directions:

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WP(C) NO.4974 of 2022

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Petitioner shall be permitted to have

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the entire liability, with interest and costs, cleared in eighteen equal monthly instalments commencing from 15.03.2022.

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The subsequent instalments shall be payable on or before the 15^th day of the subsequent months.

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In case of default of a single instalment, the petitioner will lose the benefit granted under this judgment and further proceedings for recovery can go

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on.

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Sd/Sathish Ninan, Judge

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vdv

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WP(C) NO.4974 of 2022

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APPENDIX OF WP(C) 4974/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE PHOTOCOPY OF THE NOTICE DATED 02.02.2022 ISSUED NU THE 1ST RESPONDENT. Exhibit P2 TRUE PHOTOCOPY OF THE JOB OFFER LETTER DATED 15.01.2022 ISSUED BY THE MANAGER, HOT'N'COOL SPECIAL.

Spinks T. George v. Special Sale Officer

Case brief

What is this about?

What did the court decide?

Spinks T. George v. Special Sale Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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