Disposed

Nabeesa, v. the Kasaragod Co-Operative Town Bank Ltd, NO.970

Kerala HC3 Apr 2023WP(C)/4115/2023

Case brief

AI extract

What is this about?

The single judge disposed of this writ petition by granting permission to the petitioner to repay the owed amount to the respondent Bank in 15 equal monthly instalments, with provisions for coercive recovery in case of default.

What did the court decide?

Pen sought for payment of overdue bank dues of ₹3,88,063 in 15 equal monthly instalments; coercive recovery to be kept in abeyance.

Nabeesa, Vs the Kasaragod Co-Operative Town… — 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 3RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945
WP(C) NO. 4115 OF 2023

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PETITIONER:

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NABEESA,

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AGED 51 YEARS

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W/O . MOHAMMED, RAHMATH NAGAR,CHENGALA VILLAGE AND
POST ,KASARAGOD, PIN – 671 121.

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BY ADV SHIBA M SAMUEL

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RESPONDENTS:

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1 THE KASARAGOD CO-OPERATIVE TOWN BANK LTD, NO.970 P.B. NO.10, PANDURANGA, TEMPLE ROAD, KASARAGOD, PIN-671 121.REPRESENTED BY ITS AUTHORIZED OFFICER.

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2 THE AUTHORISED OFFICER, THE KASARAGOD CO-OPERATIVE TOWN BANK LTD, NO: 970,P.B. NO.10, PANDURANGA, TEMPLE ROAD, KASARAGOD, PIN – 671 121.

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BY ADVS.

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 PUSHPARAJAN KODOTH
 K.JAYESH MOHANKUMAR
 VANDANA MENON
 VIMAL VIJAY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.4115 of 2023

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T.R. RAVI, J.

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W. P. (C). No. 4115 of 2023

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Dated this the 3^rd day of April, 2023

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JUDGMENT

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The petitioner has approached this Court seeking permission to pay off the amounts due to the respondent Bank in easy instalments.

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The counsel for the respondents on instructions submits that the overdue amount comes to ₹3,88,063/-. The petitioner requests that he may be allowed to pay off the amount in instalments.

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In the above circumstances, this writ petition is disposed of directing the petitioner to pay off the amounts overdue in 15 equal monthly instalments, the 1st instalment falling due on or before 03.05.2023 and the subsequent instalments falling due on or before the 3rd 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 a single default in payment of instalments, the respondents are at liberty to proceed with coercive steps for recovery. The coercive steps for recovery initiated shall be kept in abeyance to facilitate the payment of instalments.

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Sd/T.R. RAVI JUDGE

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AMR

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W.P.(C)No.4115 of 2023

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APPENDIX OF WP(C) 4115/2023

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PETITIONER’S EXHIBITS

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ExhibitP1A TRUE COPY OF THE NOTICE DATED 25/7/2022
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit P2THE POSSESSION NOTICE DATED 19/12/2022
ISSUED BY THE 2ND RESPONDENT

Nabeesa, v. the Kasaragod Co-Operative Town Bank Ltd, NO.970

Case brief

What is this about?

What did the court decide?

Nabeesa, v. the Kasaragod Co-Operative Town Bank Ltd, NO.970

Case brief

What is this about?

What did the court decide?

What the court decided

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