Court disposed of writ petition filed against recovery proceedings initiated by cooperative rural bank, directing petitioner to pay Rs.9 lakh within two days and balance in eight monthly instalments.
Petitioner directed to pay Rs.9,00,000 within two days and balance overdue in eight equal monthly instalments starting by 15.07.2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 6300 OF 2022
PETITIONER:
SHYJU E, AGED 64 YEARS S/O. KELUKUTTY, ENGARAKKANDIYIL HOUSE, PILASSERY POST, KUNNAMANGALAM VIA, KOZHIKODE PIN - 673571.
BY ADV NAMITHA JYOTHISH
RESPONDENTS:
BY ADV P.V.ANOOP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6300 OF 2022
2
JUDGMENT
The petitioner has approached this Court being aggrieved by coercive steps taken for recovery of the amounts due to the respondents. This Court had directed stay of further proceedings on condition that the petitioner shall remit a sum of Rs.1,00,000/-. It is submitted that the said amount has already been paid.
The above submission is recorded. In the result this writ petition is disposed of directing the petitioner to pay a sum of Rs.9,00,000/- within two days and the balance amounts overdue shall be paid in eight equal monthly instalments. The
WP(C) NO. 6300 OF 2022
3
1st instalment shall be paid on or before 15.07.2022 and the
subsequent instalments on or before the 15th of the succeeding months. If the petitioner makes any continuous default in three instalments, the respondents are free to continue with the recovery proceedings. Steps for recovery shall be kept in abeyance to facilitate the payment by instalments.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 6300 OF 2022
4
APPENDIX OF WP(C) 6300/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 12.01.2022 ISSUED BY THE 2ND RESPONDENT.
3 issues framed by the court
Whether to grant instalments for recovery of the balance loan amount after an interim remittance was made.
Whether to permit a sum of Rs.9,00,000/- as principal payment in installments for the outstanding dues.
Whether to condition the stay of recovery proceedings upon the petitioner's adherence to the instalment schedule.
SHYJU E
THE AUTHORISED OFFICER, KUNNAMANGALAM CO-OPERATIVE RURAL BANK LTD.
KUNNAMANGALAM CO-OPERATIVE RURAL BANK LTD.
T.R. RAVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
