High Court of KeralaWP(C)/14877/2015disposed of

Mohanan.G v. Kerala State Co-Operative Bank Ltd

2015-06-10Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 WP(C).No. 14877 of 2015 (H) ---------------------------------------- PETITIONER(S):

---------------------- MOHANAN.G, S/O.GOPALAKRISHNAN, KRINAKRIPA, K.P.H.COLONY, CHERUMANGALAM, PARAPPANANGADI, MALAPPURAM DISTRICT, PIN: 676 303.

BY ADV. SRI.M.S.UNNIKRISHNAN RESPONDENT(S):

------------------------ KERALA STATE CO-OPERATIVE BANK LTD, P.B NO.556, COLOMBO COMPLEX, M.M.ALI ROAD, KOZHIKODE, PIN: 673 002, REPRESENTED BY ITS BRANCH MANAGER.

BY SRI.GEORGE POONTHOTTAM, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 14877 of 2015 (H) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE LETTER DATED 11/10/2014 ISSUED BY THE RESPONDENT P2:

TRUE COPY OF THE NOTICE DATED 6/12/2014 P3:

TRUE COPY OF THE NOTICE DATED 5/5/2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.14877 of 2015 ******************************************************* Dated this the 10th day of June, 2015

JUDGMENT

The petitioner availed a mortgage loan in connection with his business. The petitioner was unable to repay the amount, the Bank initiated SARFAESI proceedings. The petitioner was directed to remit Rs.45,000/- by the interim direction of this Court. It appears that the petitioner has not remitted the amount. The petitioner submits that he is prepared to settle the entire liability sufficient time is given. Considering the facts and circumstances, if the petitioner remits Rs.45,000/- within one week from today, the Bank shall give three months time to pay the entire liability. If the petitioner commits default in any of the conditions, the Bank is at liberty to proceed against the petitioner.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln