Kerala High Court
Rajeev V.C vs The Alleppey Urban Co-Operative Bank ... on 22 March, 2013
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
FRIDAY, THE 22ND DAY OF MARCH 2013/1ST CHAITHRA 1935
WP(C).No. 1102 of 2013 (K)
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PETITIONER(S):
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RAJEEV V.C , AGED 36 YEARS
S/O.V.J.CHANDRAHASAN, VAVARUPARAMBU, KANJIRAMCHIRA
ARATTUVAZHY P.O., ALAPPUZHA.
BY ADVS.SRI.R.KRISHNAKUMAR (CHERTHALA)
SRI.H.AFSAL
RESPONDENT(S):
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1. THE ALLEPPEY URBAN CO-OPERATIVE BANK LIMITED, NO.A 67
CULLEN ROAD, ALAPPUZHA-688011
REP.BY ITS AUTHORIZED OFFICER.
2. THE CHIEF EXECUTIVE OFFICER,
ALLEPPEY URBAN CO-OPERATIVE BANK LTD. NO.A.67
PITCHU-IYER JUNCTION, ALAPPUZHA 688011.
R1 BY ADV. SMT.I.SHEELA DEVI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO. 1102/2013
APPENDIX
PETITIONER'S EXHIBITS:-
P1:- COPY OF THE NOTICE ISSUED BY SRI.PRASEED S. ADVOCATE COMMISSIONER
DTD.4.1.2013 AS PER ORDER OF THE HONOURABLE CJM COURT, ALAPPUZHA IN CMP.
2636/2012.
RESPONDENT'S EXHIBITS:-
NIL
//TRUE COPY//
P.A. TO JUDGE
tss
ANTONY DOMINIC, J
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W.P.(C).1102/2013
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Dated this the 22nd day of March, 2013
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JUDGMENT
1.Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent.
2.In this writ petition, petitioner challenges a SARFAESI proceedings initiated by the Bank for recovery of the balance dues from the petitioner towards a commercial loan availed.
3.According to the counsel for the Bank, after giving credit to Rs.75,000/- deposited by the petitioner pursuant to the interim order dated 11.1.2013, the liability presently is Rs.2,80,000/-.
4.When the matter was taken up, petitioner confined his prayer for an instalment facility to pay the amount due. Taking note of this and as he is not disputing the liability or the quantum, I allow the petitioner to pay the amount due to the Bank in eight equal monthly instalments. First instalment shall be paid on or before 27.3.2013 and the subsequent instalments shall be paid on or W.P.(C).1102/13 2 before 27th of every succeeding month. Subject to payment as above, coercive action will stand deferred and in case of default, Bank will be free to proceed with the recovery action. Writ petition is disposed of as above.
Sd/- ANTONY DOMINIC, JUDGE mrcs /true copy/ sd/- P.A. To Judge