Rajesh K.K. v. Ernakulam District Co-Operative Bank

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 WP(C).No. 1610 of 2015 (A) --------------------------- PETITIONER:

------------------- RAJESH K.K. AGED 40, S/O. LATE JOSEPH, KUTTIVELIL HOUSE, THALPPANA KARA, VETTICKAL P.O., MULAMTHURUTHY, ERNAKULAM DISTRICT 682 314.

BY ADV. SRI.T.KURIAKOSE PETER RESPONDENTS:

------------------------ 1.

ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., MULAMTHURUTHY BRANCH, ERNAKULAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER 682 314.

2.

SENIOR INSPECTOR/SPECIAL SALE OFFICER, ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., KAKKANAD, KOCHI- 682 030.

BY SMT.I.SHEELA DEVI, SC, ERNAKULAM DIST.CO.OP.BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 1610/2015 APPENDIX PETITIOENR(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE ARBITRATION AWARD DT. 16.01.2012 PASSED BY ARBITRATOR, DCB, ERNAKULAM.

EXHIBIT P2 :

TRUE COPY OF THE NOTICE DATED 08.10.2014 ISSUED BY 2ND RESPONDENT EXHIBIT P3 :

TRUE COPY OF THE AUCTION NOTICE DT. 26.11.2014 ISSUED BY 2ND RESPONDENT.

RESPONDENT(S) EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 1610 OF 2015 ------------------------------------ Dated this the 16th day of January, 2015

JUDGMENT

All that the petitioner prays is for easy instalments to pay the amount due and to defer the proceedings for auction in the meanwhile. I permit the petitioner to pay the amount due in six equal monthly instalments starting from 22.01.2015. 2.

The coercive steps pursuant to Ext.P3 notice 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.

V. CHITAMBARESH JUDGE ncd