Kerala High Court
Abdul Rahim vs The Paravur S.N.V. Regional ... on 18 January, 2023
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
WP(C) NO. 40076 OF 2022
PETITIONER:
ABDUL RAHIM
AGED 47 YEARS
S/O ABDUL MAJEED, VALIYA VEETTIL, UMAYANALLOR P.O.
THAZHUTHALA, KOLLAM-691 589.
BY ADVS.
S.SHANAVAS KHAN
S.INDU
RESPONDENTS:
1 THE PARAVUR S.N.V. REGIONAL CO-OPERATIVE BANK LIMITED
NO.1685, P.B. NO.15 KURUMANDAL BRANCH, PARAVUR P.O.
KOLLAM-691 301 REPRESENTED BY ITS SECRETARY.
2 THE JOINT INSPECTOR OF CO-OPERATIVE SOCIETIES
SPECIAL SALE OFFICER THE PARAVUR S.N.V REGIONAL
CO-OPERATIVE BANK LIMITED NO.1685 P.B. NO.15
KURUMANDAL BRANCH, PARAVUR P.O., KOLLAM-691 301.
BY ADV B.SURESH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 40076 OF 2022
2
T.R. RAVI, J.
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W.P. (C) No.40076 of 2022
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Dated this the 18th day of January, 2023
JUDGMENT
The prayer in the writ petition is for permission to the petitioner to pay off the amounts outstanding to the 1 st respondent in easy instalments.
2. The counsel for the 1st respondent on instructions submits that as on 16.12.2022 an amount of Rs.16,97,923/- (Rupees sixteen lakhs ninety seven thousand nine hundred and twenty three only) is outstanding.
In the above circumstances, this writ petition is disposed of permitting the petitioner to pay the amount of Rs.16,97,923/- along with future interest in twelve equal monthly instalments, the 1st instalment falling due on or before 17.02.2023 and the subsequent instalments falling due on or before the 17th day of the succeeding months. If the petitioner makes two consecutive defaults in the payment of the instalments as directed above, the 1st respondent is at liberty to continue with coercive steps for recovery. The WP(C) NO. 40076 OF 2022 3 coercive steps initiated shall be kept in abeyance to facilitate the petitioner to pay the amounts in instalments as directed above.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 40076 OF 2022 4 APPENDIX OF WP(C) 40076/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF LOAN PASS BOOK IN RESPECT OF LOAN ACCOUNT NO. OL 18 AVAILED BY THE PETITIONER.
Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED 02/01/2017 ISSUED BY THE DEPARTMENT OF NUCLEAR MEDICINE, AMRITA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, KOCHI.
Exhibit P3 TRUE COPY OF THE AWARD DATED 30/11/2018 IN AR 1674/2018.
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE DATED 19/12/2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 19/12/2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER'S WIFE. Exhibit P6 TRUE COPY OF THE RECEIPT DATED 31/03/2022 EVIDENCING THE REMITTANCE OF RS.2 LAKHS WITH THE FIRST RESPONDENT.
Exhibit P7 TRUE COPY OF THE LETTER DATED 15/02/2022 ISSUED BY DEPUTY REGISTRAR, FOR AND OR BEHALF OF JOINT REGISTRAR (GENERAL) CO- OPERATIVE SOCIETY, KOLLAM TO THE ASSISTANT REGISTRAR/ARBITRATOR, PARAVUR SNVRC BANK.