Disposed

Jayakumar.v.P., v. the Branch Manager

Kerala HC8 Feb 2023WP(C)/2414/2023

Case brief

AI extract

What is this about?

The Court permitted the petitioner to pay overdue bank dues in 12 equal monthly instalments. Recovery proceedings were stepped down upon payment commencement. Default leads to reopening of creditor's claims via Magistrate.

What did the court decide?

Permission granted to pay dues in 12 equal monthly instalments; 1st instalment due 08.03.2023; subsequent instalments due on 8th of succeeding months. Recovery steps stayed.

Jayakumar.v.P., Vs the Branch Manager — Contract and Commercial Disputes | 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 T.R.RAVI

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WEDNESDAY, THE 8^TH DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944

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WP(C) NO. 2414 OF 2023

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AGAINST THE ORDER/JUDGMENT IN MC 272/2022 OF CHIEF JUDICIAL

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MAGISTRATE, THRISSUR

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PETITIONER:

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JAYAKUMAR VP

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AGED 40 YEARS, S/O PRABHAKARAN, VILLAKKATHARA HOUSE, THAMPURANPADI, PATTIKKAD PO, THRISSUR DISTRICT, PIN - 680652

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BY ADV MAHESH V.MENON

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RESPONDENTS:

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1 BRANCH MANAGER,

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THE KERALA STATE CO-OPERATIVE BANK PATTIKKAD BRANCH, PATTIKKAD P.O, THRISSUR DISTRICT, PIN - 680652

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2 THE AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK, THRISSUR TUDA ROAD, KOVILAKATHUMPADAM, THIRUVAMBADY P.O, THRISSUR DISTRICT, PIN – 680022

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ADV.P.C.SASIDHARAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2414 OF 2023

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T.R. RAVI, J.

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W. P. (C). No. 2414 of 2023

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Dated this the 8^th day of February, 2023

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JUDGMENT

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The petitioner has approached this Court seeking permission to

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pay off the amounts due to the respondent Bank in easy instalments. The counsel for the respondents on instructions submits that the overdue amount comes to ₹41,03,000/-. The petitioner requests that he may be allowed to pay off the amounts in instalments.

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In the above circumstances, this writ petition is disposed of permitting the petitioner to pay off the amounts due in 12 equal monthly instalments, the 1st instalment falling due on or before 08.03.2023 and the subsequent instalments falling due on or before the 8th of the succeeding months. The petitioner shall also pay the regular monthly instalments along with the instalments towards the overdue amounts. If the petitioner makes two consecutive defaults in payment of instalments, the respondents are at liberty to proceed with the recovery. For the purpose of continuing the proceedings, it will be open for the respondents to move the Chief Judicial

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WP(C) NO. 2414 OF 2023

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Magistrate for reopening the proceedings and in such eventuality the same shall be reopened for passing fresh orders. Steps for recovery

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shall be kept in abeyance to facilitate the payment of instalments.

Sd/-/-

T.R. RAVI

JUDGE

WP(C) NO. 2414 OF 2023

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APPENDIX OF WP(C) 2414/2023

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PETITIONER'S EXHIBITS

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Exhibit P1

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A TRUE COPY OF NOTICE DATED 24.08.2022 OF THE ADVOCATE COMMISSIONER APPOINTED BY THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR

Jayakumar.v.P., v. the Branch Manager

Case brief

What is this about?

What did the court decide?

Jayakumar.v.P., v. the Branch Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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