High Court of KeralaWP(C)/2472/2015disposed of

Moideen M v. Thennala Service Co-Operative Bank Limited

2015-01-30Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(C).No. 2472 of 2015 (H) --------------------------- PETITIONER:

------------------ MOIDEEN M., AGED 48 YEARS, S/O.MOIDEEN HAJI, MACHINJERY HOUSE, POST NANNANBRA, KUNDOOR ATHANI, MALAPPURAM DISTRICT.

BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENTS:

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

1. THENNALA SERVICE CO-OPERATIVE BANK LIMITED NO. F 720, POST THENNALA, PIN - 676 508, REPRESENTED BY ITS MANAGER.

2. THE SECRETARY, THENNALA SERVICE CO-OPERATIVE BANK LIMITED NO. F 720, POST THENNALA, PIN - 676 508.

3. THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, TIRUR, POST TIRUR, PIN - 676 101.

BY SPECIAL GOVERNMENT PLEADER SRI. D. SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2472 of 2015 (H) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 :

THE TRUE COPY OF THE EXECUTION PETITION FILED BEFORE THE 3RD RESPONDENT DATED NIL.

EXT.P2 :

THE TRUE COPY OF THE DEMAND NOTICE DATED 06/01/2015 ISSUED BY THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 2472 OF 2015 ------------------------------------ Dated this the 30th day of January, 2015

JUDGMENT

All that the petitioner prays is for easy instalments to pay the amount due to the first respondent bank and to defer Ext.P2 proceedings for sale. I permit the petitioner to pay the amount due in six equal monthly instalments starting from 23.02.2015. 2.

The coercive steps pursuant to Ext.P2 notice shall be put on hold if the petitioner complies with the conditions in time. The coercive steps shall surge ahead if the petitioner commits default in the payment of any one of the instalments as directed. 3.

The respondents are at liberty to apply for review of this judgment if aggrieved by the instalment facility granted. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd