Allowed

Siyavudheen v. the Authorized Officer

Kerala HC6 Feb 2023WP(C)/3187/2023

Case brief

AI extract

What is this about?

Directing the petitioner to clear an overdue loan of Rs.8,33,000 via 12 equal monthly instalments within a year, regularizing the account if paid, while suspending coercive recovery steps pending compliance.

What did the court decide?

Directing payment of Rs.8,33,000 in 12 equal monthly instalments by 06.03.2023; suspending coercive recovery steps; declaring the account regularised upon full payment.

Siyavudheen Vs the Authorized Officer — 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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MONDAY, THE 6TH DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944

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WP(C) NO. 3187 OF 2023

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PETITIONER:

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SIYAVUDHEEN
AGED 55 YEARS
S/O MUHAMMEDUNNI, THERUVATH HOUSE, MANATHALA VILLAGE,
CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN – 680516.

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BY ADV M.R.SASITH

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RESPONDENT:

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THE AUTHORIZED OFFICER

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THE KERALA STATE CO-OPERATIVE BANK CHAVAKKAD, THRISSUR,
PIN – 680506.

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BY ADV P.C.SASIDHARAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3187 OF 2023

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T.R. RAVI, J.

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-------------------------------------------- W.P.(C) No.3187 of 2023

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Dated this the 06^th day of February, 2023

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JUDGMENT

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The prayer in the writ petition is to permit the petitioner to pay off the overdue amounts in the loan account availed from the respondent in easy instalments and to regularise the loan account. The Standing Counsel on instructions submits that the overdue amount is Rs.8,33,000/-.

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In the above circumstances, the writ petition is disposed of directing the petitioner to pay off the overdue amount of Rs.8,33,000/- in 12 equal monthly instalments, the first instalment falling due on or before 06.03.2023 and the subsequent instalments falling due on or before the 06^th day of the succeeding months. The petitioner shall also pay the regular monthly instalments along with the instalments towards the overdue amount as stated above. If the petitioner pays the entire overdue amount, the respondent shall regularise the loan account. If the petitioner makes two

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WP(C) NO. 3187 OF 2023

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consecutive defaults in the payment of instalments, the respondent will be at liberty to continue with coercive steps for recovery. The coercive steps initiated shall be kept in abeyance to facilitate the payment of instalments as directed above.

Sd/-

T.R.RAVI JUDGE

mpm

WP(C) NO. 3187 OF 2023

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APPENDIX OF WP(C) 3187/2023

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PETITIONER’S EXHIBITS

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Exhibit P1TRUE COPY OF ORDER IN MC NO 824/2022
PASSED BY THE HON'BLE CHIEF JUDICIAL
MAGISTRATE COURT, THRISSUR.

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Exhibit P2TRUE COPY OF NOTICE ISSUED BY THE
ADVOCATE COMMISSIONER DATED 25/1/2023.

Siyavudheen v. the Authorized Officer

Case brief

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Siyavudheen v. the Authorized Officer

Case brief

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