The petitioner, who had obtained an interim stay on recovery proceedings subject to remitting part of the outstanding loan amount, failed to comply with that direction. Consequently, the court dismissed the writ petition seeking permission to clear the liability in installments.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 1773 OF 2024
PETITIONER:
ABDUL LATHEEF
AGED 45 YEARS
S/O MUHAMMAD PULIKKADAN, VATTAPARAMB,
ALIPARAMB, MALAPPURAM,KERALA.,
PIN – 679357
BY ADVS.
THASNIMOL T.S.
SHIJI P.S.
RESPONDENT:
PERITHALMANNA SERVICE CO-OPERATIVE BANK
REPRESENTED BY, AUTHORIZED OFFICER.
P B NO.14, OOTY ROAD, PERINTHALMANNA,
MALAPPURAM DISTRICT., PIN – 679322
BY ADV M.KRISHNAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.1773 Of 2024
2
JUDGMENT
Dated this the 23rd day of May, 2024
The petitioner, who has availed a Mortgage Loan of ₹10 lakhs from the Perinthalmanna Service Co-operative Bank in the year 2016 and against whom the Bank has filed ARC 205/2018, has filed this writ petition seeking to direct the respondent to permit the petitioner to clear the liability with respect to the working business loan in 50 instalments.
WP(C) No.1773 Of 2024
a part of the amount directed to be paid in spite of expiry of more than four months.
repay the amount in instalments. The petitioner has not paid the instalments as directed by this Court.
In the facts of the case, the petitioner is not entitled to any further relief. The writ petition is therefore dismissed.
N.NAGARESH
JUDGE
hmh
WP(C) No.1773 Of 2024
4
APPENDIX OF WP(C) 1773/2024
PETITIONER EXHIBITS
Exhibit P1
TRUE COPY OF THE DEMAND NOTICE DATED
07.07.2023. ISSUED BY THE RESPONDENT
BANK
ABDUL LATHEEF
PERITHALMANNA SERVICE CO-OPERATIVE BANK
N.NAGARESH
As recorded by the court registry
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