Mohammed Abdul Rahiman N.T vs The Malappuram District Co-Operative on 9 September, 2009

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Kerala High Court

Mohammed Abdul Rahiman N.T vs The Malappuram District Co-Operative on 9 September, 2009

Bench: S.Siri Jagan

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25474 of 2009(D)


1. MOHAMMED ABDUL RAHIMAN N.T., AGED 47
                      ...  Petitioner

                        Vs



1. THE MALAPPURAM DISTRICT CO-OPERATIVE
                       ...       Respondent

2. THE GENERAL MANAGER,

                For Petitioner  :SRI.A.T.ANILKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :09/09/2009

 O R D E R
                            S. Siri Jagan, J.
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                     W. P (C) No. 25474 of 2009
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                Dated this, the 9th September, 2009.

                           J U D G M E N T

The petitioner is aggrieved by the recovery proceedings initiated by the respondents for recovery of arrears of loan amounts due from the petitioner to the respondents. The petitioner does not dispute the quantum or the liability to pay. The only relief sought for by the petitioner is for a direction to the respondents to permit the petitioner to pay the balance amount in instalments.

2. I have heard the learned standing counsel for the 2nd respondent also.

3. Counsel for the respondents stoutly opposes the prayers of the petitioner. According to counsel, the petitioner had been given sufficient opportunity to pay off the debts, which the petitioner has not availed of.

4. Having heard both sides, I am of opinion that the respondents shall show some more leniency to the petitioner in the matter of payment of balance instalments. Accordingly, I direct the petitioner to pay the balance amount due from him to the respondents in monthly instalments at the rate of Rs. 10,000/- per month starting from 1-10-2009. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the dues without default, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any notice or proceedings in that regard.

Sd/- S. Siri Jagan, Judge.

Tds/ [True copy] P.S to Judge.

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