← Library
High Court of KeralaWP(C)/17463/2015disposed of

Nandakumar A v. The Malappuram District Co-Operative Bank Ltd.

2015-06-11Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937 WP(C).No. 17463 of 2015 (G) ---------------------------- PETITIONER:

-------------------- NANDAKUMAR A, S/O.MADHAVAN, AGED 33 YEARS, MANHURULI HOUSE, KOVILAKAMKUNDU, MANJERI.P.O, MALAPPURAM DISTRICT.

BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT:

---------------------- THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., MALAPPURAM, REPRESENTED BY ITS GENERAL MANAGER(AUTHORISED OFFICER), HEAD OFFICE, UPHILL, MALAPPURAM, PIN-676505. BY SRI.ESM.KABEER, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 17463 of 2015 (G) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1 :

TRUE COPY OF THE C.M.P.3778/2014 FILED BY THE RESPONDENT BANK BEFORE THE C.J.M,MANJERI.

EXT.P2 :

TRUE COPY OF THE MEDICAL CERTIFICATE OF THE MOTHER OF THE PETITIONER ISSUED FROM THE 'MANASNEHA HOSPITAL'DT,13-1-2012. RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.17463 of 2015 ******************************************************* Dated this the 11th day of June, 2015

JUDGMENT

The petitioner approached this Court challenging SARFAESI proceedings. The petitioner has availed a consumption loan from the respondent Bank. The period of the loan is over. The only request of the petitioner is that he may be given an instalment facility to pay the entire amount.

2. Learned counsel for the Bank submits that total outstanding liability is Rs.5,39,940/-.

Considering the facts and circumstances, this writ petition is disposed of with the following directions:

1.

The petitioner shall remit Rs.50,000/- on or before 25.6.2015.

2.

Thereafter, the petitioner shall remit the balance amount in 15 monthly instalments starting from 25th July, 2015 onwards.

3. If the petitioner commits default in paying anyone of the instalments, the Bank is at liberty to proceed against the petitioner in accordance with law.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln