Disposed

Ahamad C.K, v. the Authorized Officer

Kerala HC17 Feb 2023WP(C)/3258/2023

Case brief

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What is this about?

The High Court of Kerala disposed of a writ petition filed by a borrower seeking concession on loan repayment. The court directed the petitioner to clear Rs.2.27 crore plus future interest in 18 equal monthly instalments, with coercive recovery action held in abeyance pending compliance.

What did the court decide?

Directing discharge of outstanding amount and future interest in 18 monthly instalments; coercive steps suspended pending payment compliance.

Ahamad C.K, Vs the Authorized Officer — 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 T.R.RAVI

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FRIDAY, THE 17TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944
WP(C) NO. 3258 OF 2023

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PETITIONER:

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AHAMAD C.K,
AGED 68 YEARS
SON OF MAMMAD, CHEVIDIKUNNAN HOUSE, EDAYATTUR P.O,
MELATTUR, MALAPPURAM, PIN – 679326.

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BY ADV B.SABITHA (DESOM)

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RESPONDENT:

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THE AUTHORIZED OFFICER,
CANARA BANK, MANNARKKAD BRANCH, PALAKKAD,
PIN – 678001.

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SRI. M. GOPIKRISHNAN NAMBIAR, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3258 OF 2023

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T.R. RAVI, J.

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W.P.(C) No.3258 of 2023

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Dated this the 17^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 amounts outstanding in the loan account availed from the respondent in easy instalments. The Standing Counsel for the respondent on instructions submits that the amount outstanding is Rs.2,27,60,296/-.

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In the above circumstances, the writ petition is disposed of directing the petitioner to pay off the amount of Rs.2,27,60,296/along with future interest in 18 equal monthly instalments, the first instalment falling due on or before 17.03.2023 and the subsequent instalments falling due on or before the 17^th of the succeeding months. If the petitioner makes a single default in the payment of instalments, the respondent will be at liberty to continue with coercive steps for recovery. The coercive steps

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WP(C) NO. 3258 OF 2023

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initiated shall be kept in abeyance to facilitate the payment of

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instalments as directed above.

Sd/-

T.R.RAVI

JUDGE

mpm

WP(C) NO. 3258 OF 2023

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APPENDIX OF WP(C) 3258/2023

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF NOTICE U/S 13(2) OF THE
SARFAESI ACT DATED 28.10.2022 BY THE
RESPONDENT.

Ahamad C.K, v. the Authorized Officer

Case brief

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Ahamad C.K, v. the Authorized Officer

Case brief

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