Siby John v. The Idukki District Co-Oeprative Bank Limited

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WP(C).No. 9832 of 2015 (D) --------------------------- PETITIONER:

------------------ SIBY JOHN, NEERANAMTHOTTATHIL HOUSE, KARIMKUNNAM P.O., IDUKKI DISTRICT.

BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT:

-------------------- THE IDUKKI DISTRICT CO-OEPRATIVE BANK LIMITED, HEAD OFFICE, IDUKKI COLONY P.O., IDUKKI PIN 685 602 REPRESENTED BY ITS CHIEF RECOVERY OFFICER.

BY ADV. SRI.P.C.CHACKO, SC, IDUKKI DIST CO OP BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 9832/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE BANK PASS BOOK OF THE PETITIONER. EXHIBIT P2 :

TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 02.02.2015.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 9832 OF 2015 ------------------------------------ Dated this the 30th day of March, 2015

JUDGMENT

The petitioner has availed an overdraft facility from the respondent bank to the extent of `35 lakhs. The petitioner has kept a sum of `9,58,542/- as in arrears as on today. The respondent bank is willing to continue the overdraft facility provided the petitioner clears the dues immediately. 2.

I permit the petitioner to pay the overdue amount in four equal monthly instalments starting from 06.04.2015. This will be in addition to the other payments which the petitioner is obliged to pay.

3.

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. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd