Allowed

Deepa K v. Okkal Service Co-Operative Bank Ltd. NO.2181

Kerala HC26 Mar 2024OP(C)/337/2024

Case brief

AI extract

What is this about?

In concurrent execution petitions challenging bond execution, the court adjusted repayment terms, allowing the debtors to clear dues in 18 equal installments starting March 2024, with default triggering further execution proceedings.

What did the court decide?

Allowed clearance of decree debt in 18 equal instalments; first instalment by 30/03/2024; subsequent instalments from 01/05/2024; default permits resumption of execution.

Deepa K Vs Okkal Service Co-Operative Bank Ltd. NO.2181 — Banking and Recovery | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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TUESDAY, THE 26^TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946

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OP(C) NO. 337 OF 2024

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AGAINST THE ORDER/JUDGMENT DATED IN EP NO.43 OF 2023 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, PERUMBAVOOR

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PETITIONERS/JUDGMENT DEBTOR NO.1 & 3:

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1 DEEPA K AGED 34 YEARS, D/O LATE GEORGE, KAATIPARAMBIL HOUSE, OKKAL P.O, OKKAL, ERNAKULAM, PIN - 683550

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2 MERCY GEORGE AGED 61 YEARS, W/O LATE GEORGE, KAATIPARAMBIL HOUSE,OKKAL P.O, OKKAL, ERNAKULAM, PIN – 683550

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BY ADVS. BASIL CHANDY VAVACHAN CHARUTHA BHAIJU GEORGIE SIMON CHANDHANA BHAIJU BASIL SAJAN FATHIM NAVAS KAVYA P.R. BASIL SCARIA

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RESPONDENTS/DECREE HOLDER:

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OKKAL SERVICE CO-OPERATIVE BANK LTD NO.2181 II/435, M.C ROAD, OKKAL P.O, PERUMBAVOOR, ERNAKULAM. REPRESENTED BY ITS SECRETARY, PIN – 683550

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BY ADVS. M.PAUL VARGHESE M.M.MONAYE(K/182/1984) K.V.SANOSH(K/144/2012) ANJANA SUGUNAN(K/003577/2022)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, ALONG WITH OP(C).360/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(C) Nos. 337 & 360/2024

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶18

PRESENT

¶19

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

¶20

TUESDAY, THE 26^TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946

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OP(C) NO. 360 OF 2024

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AGAINST THE ORDER/JUDGMENT DATED IN EP NO.34 OF 2021 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, PERUMBAVOOR

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PETITIONERS/JUDGMENT DEBTOR NO 1 & 3:

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1 DEEPA K AGED 34 YEARS, D/O LATE GEORGE, KAATIPARAMBIL HOUSE, OKKAL P.O, OKKAL, ERNAKULAM, PIN – 683550 2 MERCY GEORGE AGED 61 YEARS, WO LATE GEORGE, KAATIPARAMBIL HOUSE, OKKAL P.O, OKKAL, ERNAKULAM, PIN - 683550 BY ADVS. BASIL CHANDY VAVACHAN CHARUTHA BHAIJU GEORGIE SIMON CHANDHANA BHAIJU BASIL SAJAN FATHIM NAVAS KAVYA P.R. BASIL SCARIA

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RESPONDENTS/DECREE HOLDER:

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OKKAL SERVICE CO-OPERATIVE BANK LTD NO.2181 II/435, M.C ROAD, OKKAL P.O, PERUMBAVOOR, ERNAKULAM REPRESENTED BY ITS SECRETARY, PIN – 683550

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BY ADVS. M.PAUL VARGHESE M.M.MONAYE(K/182/1984) K.V.SANOSH(K/144/2012) ANJANA SUGUNAN(K/003577/2022)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, ALONG WITH OP(C).337/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(C) Nos. 337 & 360/2024

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J U D G M E N T

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Heard both sides. The learned counsel for the judgment debtor submits that the judgment debtor is ready to pay off the entire decree debts in 25 equal instalments. The learned counsel for the decree holder submits that the total amount due would come to about Rs.60 lakhs and hence instalments may be confined to 15 equal instalments.

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Having heard both sides, the following order is passed:-

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(i) The judgment debtor is allowed to clear off the entire decree debt involved in both original petitions in 18 equal instalments.

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(ii) The first instalment shall be paid on or before 30/03/2024 and the judgment debtor shall continue to pay the subsequent instalments starting from 1^st May, 2024.

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(iii) If the judgment debtor makes default in making the payment of any of the instalments as directed, the decree holder is permitted to proceed with the execution petition.

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O.P.(C)s are disposed of accordingly.

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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APA

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O.P.(C) Nos. 337 & 360/2024

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APPENDIX OF OP(C) 337/2024

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PETITIONER EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE E.P. NO. 43/2023 FILED BY THE RESPONDENT BEFORE THE HONOURABLE SUBORDINATE AND ASSISTANT SESSIONS COURT, PERUMBAVOOR.

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EXHIBIT P2 THE TRUE COPY OF THE NOTICE DATED 02/08/2023 ISSUED BY THE HONOURABLE SUBORDINATE AND ASSISTANT SESSIONS COURT PERUMBAVOOR IN CONNECTION WITH E.P. NO. 43/2023.

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EXHIBIT P3 THE TRUE COPY THE PAYMENT RECEIPT ISSUED BY THE RESPONDENT DATED 03/01/2024 .

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EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED 30/01/2024 IN WP(C) NO.39877/2023 OF THIS HONOURABLE COURT.

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EXHIBIT P5 THE TRUE COPY OF THE DAILY STATUS DATED 27/01/2024 IN E.P. NO. 43/2023 IN THE FILE OF HONORABLE SUBORDINATE AND ASSISTANT SESSIONS COURT, PERUMBAVOOR PUBLISHED IN ECOURTS SERVICES.

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O.P.(C) Nos. 337 & 360/2024

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APPENDIX OF OP(C) 360/2024

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PETITIONER EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE PUBLICATION OF SCHEDULED PROPERTY IN E.P. NO. 34/2021 FILED BY THE 2ND RESPONDENT BEFORE THE HONORABLE SUBORDINATE AND ASSISTANT SESSIONS COURT, PERUMBAVOOR

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EXHIBIT P2 THE TRUE COPY OF THE PAYMENT RECEIPT ISSUED BY THE RESPONDENT DATED 03/01/2024 EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT DATED 30/01/2024 IN WP(C) NO.40146/2023 OF THIS HONORABLE COURT EXHIBIT P4 THE TRUE COPY OF THE DAILY STATUS DATED 27/01/2024 IN E.P. NO. 34/2021 IN THE FILE OF HONORABLE SUBORDINATE AND ASSISTANT SESSIONS COURT, PERUMBAVOOR PUBLISHED IN ECOURTS SERVICES

Deepa K v. Okkal Service Co-Operative Bank Ltd. NO.2181

Case brief

What is this about?

What did the court decide?

Deepa K v. Okkal Service Co-Operative Bank Ltd. NO.2181

Case brief

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What did the court decide?

What the court decided

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