High Court of KeralaWP(C)/804/2015disposed of

P.Anilkumar v. Meenachil Co-Op.Agricultural & Rural Development Bankltd.No. 197

2015-01-15Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 W.P(C).No. 804 of 2015 (A) -------------------------- PETITIONER :

--------------------- P. ANILKUMAR, AGED 45 YEARS S/O. LATE P.D.PARAMESWARAN NAIR, PALLATTU HOUSE, CHAKKAMPUZHA P.O., PALAI (VIA), KOTTAYAM DISTRICT.

BY ADV. SRI.K.K.SATHISH RESPONDENT(S) :

----------------------------

1. MEENACHIL CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANKLTD.NO. 197 PALAI, PIN - 686 575, REPRESENTED BY ITS SECRETARY.

2. THE SECRETARY MEENACHIL CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO. 197, PALAI, PIN - 686 575 KOTTAYAM DT.

3. THE SPECIAL SALE OFFICER MEENACHIL CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD NO. 197 PALAI, PIN - 686 575, KOTTAYAM DT.

R1 & R2 BY ADV. SRI.SUNIL CYRIAC,SC, MEENACHIL CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO. 197 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 804 of 2015 (A) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXT. P1 - TRUE COPY OFTHE SALE PROCLAMATION DT. 12.12.14 ISSUED BY THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS :

NIL ------------------------------------------ /TRUE COPY/ PA TO JUDGE

V.CHITAMBARESH, J ----------------------------- W.P.(C) No.804 of 2015 ------------------------------------ Dated this the 15th day of January, 2015

JUDGMENT

All that the petitioner prays is for easy instalments to pay the overdue amount in order to regularise the loans. Only the period of one loan has expired, and the period for the other two loans would expire in the year 2020 only. The arrears in the loan for the period expired as well as the defaulted arrears in the other two loans come to about Rs.11,54,059.

2. The first respondent Bank points out that substantial amount was spent for paper publication and also towards litigation expenses. I permit the petitioner to pay the sum of Rs.11,54,059 in addition to a sum of Rs.15,000/- in four equal monthly instalments starting from 19.1.2015. This will be an addition to the equated half yearly instalments which the petitioner is otherwise obliged to pay.

3. The coercive steps pursuant to Ext.P1 sale

W.P.(C) No.804 of 2015 proclamation shall be put on hold if the petitioner complies with the conditions in time. The coercive steps can surge ahead if the petitioner commits default in the payment of any one of the instalments as directed. The writ petition is disposed of.

Sd/- V.CHITAMBARESH JUDGE /TRUE COPY/ PA TO JUDGE