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High Court of KeralaWP(C)/11452/2015disposed of

Bharathi N v. The Calicut City Co-Operative Bank

2015-04-09Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 11452 of 2015 (F) ---------------------------- PETITIONER:

------------------ BHARATHI N., AGED 58 YEARS, PUTHANPURAYIL HOUSE PALATH P.O., PALLIPOYIL KOZHIKODE DISTRICT 673 015.

BY ADVS.SRI.S.K.SAJU SRI.A.RANJITH NARAYANAN SMT.A.SIMI SRI.R.V.RAGHUNATHAN THAMPURAN RESPONDENT:

--------------------- THE CALICUT CITY CO-OPERATIVE BANK LIMITED, LINK ROAD BRANCH, KOZHIKODE - 673 002.

REPRESENTED BY ITS BRANCH MANAGER.

R1 BY ADV. SRI.B.S.SWATHY KUMAR R1 BY ADV. SRI.VENKATESH GOPI R1 BY ADV. SMT.T.RESHMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 11452/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE NOTICE DATED 26.06.2014 ISSUED BY THE SPECIAL SALE OFFICER OF THE RESPONDENT TO THE PETITIONER.

EXHIBIT P2 :

TRUE COPY OF THE RECEIPT DATED 16.09.2014 ISSUED BY THE RESPONDENT TO THE PETITIONER.

EXHIBIT P3 :

A TRUE COPY OF THE SETTLEMENT DATED 16.02.2015. EXHIBIT P4 :

TRUE COPY OF THE ACCOUNT STATEMENT DATED 04.04.2015 ISSUED BY THE RESPONDENT TO THE PETITIONER.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 11452 OF 2015 ------------------------------------ Dated this the 9th day of April, 2015

JUDGMENT

The petitioner is unable to make a lump sum payment and avail the benefit of 'Ashwas-2015' scheme. All that the petitioner prays is for easy instalments to pay the amount due which comes to about ` 3,20,999/-.

2.

I permit the petitioner to pay the amount due in eight equal monthly instalments starting from 30.05.2015. The coercive steps pursuant to Ext.P1 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. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd