High Court of KeralaWP(C)/15618/2015disposed of

Haneefa v. The General Manager

2015-07-243 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 WP(C).No. 15618 of 2015 (B) PETITIONER:

-------------------------- K.B. HANEEFA AGED 50 YEARS S/O.BEERU, KARUPPAM VEETTIL HOUSE KAIPPAMANGALAM VILLAGE, KAIPPAMANGALAM P.O.

THRISSUR DISTRICT. PIN - 680 681.

BY ADV. SRI.RAJESH CHAKYAT RESPONDENT:

---------------------------- THE GENERAL MANAGER THRISSUR DISTRICT CO-OPERATIVE BANK, HEAD OFFICE SAHAKARANA SADHABTHI MANDIRAM, KOVIAKATHUMPADAM THRISSUR. PIN - 680 022.

R1 BY ADV. SRI.C.A.MAJEED, SC, THRISSUR DISTRICT CO.OP. BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15618 of 2015 (B) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: A TRUE COPY OF THE PLAINT IN A.R.C. NO.206/2009 EXT.P-2: A TRUE COPY OF THE OBJECTION FILED IN A.R.C. NO.206/2009 EXT.P-3: A TRUE COPY OF THE REPLICATION FILED BY THE BANK EXT.P-4: A TRUE COPY OF THE AWARD IN A.R.C. NO.206/2009 DATED 13.2.2013 EXT.P-5: A TRUE COPY OF THE JUDGEMENT IN APPEAL NO.67/2013 DATED 24.2.2014 RESPONDENT(S)' EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J W.P.(C). NO. 15618 OF 2015 ---------------------------------------- Dated this the 24th day of July, 2015

JUDGMENT

Ext. P4 award has been affirmed in appeal by Ext. P5 judgment. The findings therein are rested on evidence. The liability of the petitioner to repay the gold loan is established. A reappraisal of evidence is impermissible in writ proceedings. Suffice it to say that the conclusions arrived at by the authorities are well founded. 2.

I however permit the petitioner to repay the amount in instalments. The same shall be done in ten equal monthly instalments. The instalments shall be paid on the last day of every month starting from August 2015. The coercive steps shall be put on hold if the instalments are paid in time. The coercive steps can surge ahead if any one of the instalments are defaulted.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE