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High Court of KeralaWP(C)/22675/2015disposed of

Beeran Haji v. The Authorised Officer, Malappuram District Co-Operative Bank Ltd.

2015-07-28Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 WP(C).No. 22675 of 2015 (H) ---------------------------- PETITIONERS :

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1. BEERAN HAJI, AGED 62 YEARS, S/O. MUHAMMED, PANNATHODI HOUSE, BHAVAPADI, VALANCHERY P.O, MALAPPURAM DISTRICT

2. PATHUMMAKUTTY, AGED 57 YEARS, W/O. BEERAN HAJI, PANNATHODI HOUSE , BHAVAPADI, VALANCHERY P.O, MALAPPURAM DISTRICT BY ADV. SRI.RAJIT RESPONDENT :

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1. THE AUTHORISED OFFICER, MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., MALAPPURAM- 676 505

2. MALAPPURAM DISTRICT CO-OPERATIVE BANK, LTD MALAPPURAM REPRESENTED BY ITS GENERAL MANAGER-676 505 BY SRI.ESM.KABEER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22675 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER.

EXHIBIT P2:

TRUE COPY OF PETITION FILED BY THE 2ND RESPONDENT BEFORE THE LEARNED CJM, MANJERI RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 22675 of 2015 ------------------------------------------- Dated this the 28th day of July, 2015

J U D G M E N T

The petitioners availed a cash credit facility from the respondent Bank. Petitioners have approached this Court challenging the SARFAESI proceedings. The petitioners' only prayer before this Court is that, they may be permitted to clear the amount by instalments.

2.

According to the Bank the total liability is around 6.37 ₹ lakhs.

3.

Considering the facts and circumstances, following direction are issued:

(i) Petitioners shall remit 1,00,000/- within one month from ₹ today.

(ii) Thereafter the petitioners shall discharge entire liability in 8 monthly instalments from the succeeding month onwards. (iii) if the petitioners commit default in paying any one of the instalments the Bank is free to proceed against the petitioners. This writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.

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