Kerala High Court
Sasankan.S vs The State Of Kerala
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY,THE 19TH DAY OF DECEMBER 2014/28TH AGRAHAYANA, 1936
WP(C).No. 24568 of 2009 (M)
----------------------------
PETITIONER :
-----------------------
SASANKAN.S, VAYALILKADA,
NANTAHYIVANAM, NAGAROOR P.O.,
THIRUVANANTHAPURAM.
BY ADVS.SRI.C.R.SIVAKUMAR
SMT.NIKHILA SOMAN
RESPONDENT(S):
----------------------------
1. THE STATE OF KERALA,
REP. BY THE SECRETARY, DEPARTMENT OF CO-OPERATION,
SECRETARIAT,THIRUVANANTHAPURAM.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM.
3. THE SECRETARY,
THE KILIMANOOR CO-OPERATIVE BUSINESS &
RURAL DEVELOPMENT BANK LTD. NO.T.316, KILIMANOOR,
THIRUVANANTHAPURAM.
4. THE SPECIAL OFFICER,
THE KILIMANOOR CO-OPERATIVE BUSINESS &
RURAL DEVELOPMENT BANK LTD. NO.T. 316, KILIMANOOR,
THIRUVANANTHAPURAM.
R1 & R2 BY GOVERNMENT PLEADER SRI.R.RANJITH
R3 & R4 BY ADVS. SRI.NAGARAJ NARAYANAN
SRI.SAIJO HASSAN
SRI.A.S.SABU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19-12-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
WP(C).NO.24568/2009
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE PASS BOOK IN LOAN NO.NF.69/2000.
P2 COPY OF THE NOTICE DATED 01/06/07
P3 COPY OF THE PAPER PUBLICATION DATED 17/07/07
P4 COPY OF THE JUDGMENT DATED 26/09/07
P5 COPY OF THE CASH RECEIPT DATED 31/07/07.
P6 COPY OF THE STATEMENT OF ACCOUNTS FILED BY THE BANK AS 12/10/07
P7 COPY OF THE ALL THE CASH RECEIPTS.
P8 COPY OF THE NOTICE DATED 29/05/09
P9 COPY OF THE NOTICE DATED 26/06/09
P10 COPY OF THE REPRESENTATION DATED 29/06/09.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
K. Vinod Chandran, J.
====================================
W.P.(C)No.24568 of 2009
====================================
Dated this the 19th day of December, 2014.
JUDGMENT
1. The petitioner is aggrieved by the proceedings taken against the petitioner's property for settlement of the defaulted amounts, in the loan account availed.
2. Considering the confined prayer made for instalments, it is directed that the recovery shall be kept in abeyance on condition of the petitioner settling the entire loan in ten equal monthly instalments. The petitioner shall produce a certified copy of this judgment before the third respondent within two weeks of its receipt. The respondent-Bank shall quantify the dues as on 11.01.2015 and issue a statement of accounts, in accordance with which the instalments shall be paid. The 1st instalment shall be paid on or before 19.01.2015 and thereafter; the due date of instalments falling on the 19th of each succeeding month. If default is committed in two W.P.(C)No.24568 of 2009 -:2:- consecutive instalments, then the recovery proceedings shall revive and continue. On the satisfaction of the dues as per the statement, the Bank shall give a statement of the future interest from 10.01.2015 and the same shall be settled as the 11th instalment. The writ petition stands disposed of as above. No costs.
K. Vinod Chandran, Judge.
sl.