Disposed

Moosa.K v. Kerala Gramin Bank

Kerala HC19 Sept 2023CRP/155/2021

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a civil revision petition by permitting the revision petitioner to pay off the outstanding loan amount of Rs.10,36,070/- to the bank manager in 18 equal monthly installments, contingent on no default in payments.

What did the court decide?

Permission to pay off the outstanding amount of Rs.10,36,070/- with charges and interest in 18 equal monthly installments commencing from 20.10.2023.

Moosa.K Vs Kerala Gramin Bank — Execution and Attachment | Kerala HC (2023)

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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 DEVAN RAMACHANDRAN

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TUESDAY, THE 19TH DAY OF SEPTEMBER 2023 / 28TH BHADRA, 1945

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CRP NO. 155 OF 2021

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AGAINST THE ORDER DATED 27.02.2021 INE.P.NO.111/2018 IN OS 305/2016

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OF PRINCIPAL MUNSIFF, KASARAGOD

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REVISION PETITIONER/2ND RESPONDENT/2ND JUDGMENT DEBTOR/2ND DEFENDANT:

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MOOSA.K
AGED 56 YEARS
S/O. ABDULRAHIMAN, AIWA MANZIL, HIDAYATH NAGAR, UPPALA
VILLAGE AND POST, MANJESWAR TALUK, KASARAGOD DISTRICT 671
322.

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BY ADV ANN SUSAN GEORGE

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RESPONDENTS/PETITIONER/DECREE HOLDER/PLAINTIFF AND 1ST JUDGMENT

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DEBTOR:

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1 KERALA GRAMIN BANK

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HEAD OFFICE MALAPPURAM, THROUGH ITS MANAGER, UPPALA
BRANCH, UPPALA VILLAGE AND POST, MANJESHWAR TALUK,
KASARAGOD DISTRICT 671 322.

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2 PADMANABHA SHETTY, AGED 58 YEARS

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S/O. SUBBANNA SHETTY, PULIKUTHI HOUSE, PRATHAP NAGAR,
MANGALPADY VILLAGE AND POST, MANJESHWAR TALUK, KASARAGOD
DISTRICT 671 322.

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BY ADV JAWAHAR JOSE

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON
19.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRP NO. 155 OF 2021

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O R D E R

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When this matter was called today, the

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learned counsel for the 1st respondent – Kerala
Gramin Bank, submitted that, if the petitioner
is interested in settling the decreed amount,
after deducting the sum paid by him, he can be
allowed to do so. He added that an amount of
Rs.10,36,070/-, as on 23.01.2023, is outstanding
in the loan account, after giving credit to the
sum of Rs.1,76,000/- paid by him as per the
interim order of this Court; and that his client
is willing to offer him an opportunity to pay it
off in 18 equal monthly installments.

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2.Sri.Ann Susan George - learned counsel

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appearing for the petitioner, submitted that her

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client is willing to accept the afore
suggestion; but prayed that at least 20 monthly
installments be afforded to him to pay off the

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CRP NO. 155 OF 2021

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aforesaid amount, because he is going through
extreme financial crisis.

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Taking note of the afore submissions and in
order to balance the rival positions, I dispose
of this writ petition on the basis of the
consent between the parties; thus permitting the
petitioner to pay off the aforementioned
outstanding amount of Rs.10,36,070/-, as on
23.01.2023, along with all applicable charges
and interest, in 18 equal monthly installments
commencing from 20.10.2023.

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Needless to say, if the petitioner continues
to make payment in terms of the afore
directions, then, all coercive action against
him will stand deferred; but should he defaults
payment of two consecutive installments as
ordered afore, the benefit of this judgment will
be lost to him and all further action can be

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CRP NO. 155 OF 2021

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taken by the Bank, as per the decree, without

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having to obtain any other order from this

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Court.

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 Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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SAS

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CRP NO. 155 OF 2021

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APPENDIX OF CRP 155/2021

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PETITIONER’s ANNEXURES:

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Annexure ITHE CERTIFIED COPY OF THE ORDER DATED
23.12.2022 IN E. A. NO. 1 / 2020 IN E. P. NO.
111 / 2018 IN O. S. NO. 305 / 2016 ON THE
FILES OF THE PRINCIPAL MUNSIFF COURT,
KASARAGOD

Moosa.K v. Kerala Gramin Bank

Case brief

What is this about?

What did the court decide?

Moosa.K v. Kerala Gramin Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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