High Court of KeralaWP(C)/24211/2015disposed of

P.K.Bhaskara Raja v. The Kozhikode District Co-Operative Bank Ltd.

2015-08-21Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 WP(C).No. 24211 of 2015 (B) ---------------------------- PETITIONER(S):

-------------------------- P.K. BHASKARA RAJA, AGED 70 YEARS, S/O.VASUDEVAN NAMBOOTHIRI, EDAVANAKOMBILADU HOUSE, VASUDEVA MANDIRAM, KOTTOOR, P.O. THIRUVODE, QUILANDY TALUK, KOZHIKODE- 673 614.

BY ADVS.SRI.M.R.VENUGOPAL, SMT.DHANYA P.ASHOKAN.

RESPONDENT(S):

----------------------------

1. THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., BALUSSERY BRANCH, P.O. KOZHIKODE, PIN- 673 002

2. THE AUTHORISED OFFICE, THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., BALUSSERY BRANCH, P.O. KOZHIKODE- 673 002.

BY ADV. SRI.R.SUDHISH, SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 24211 of 2015 (B) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 TRUE COPY OF THE PETITIONER'S S.B ACCOUNT NO.7254. EXT.P2 TRUE COPY OF RECEIPTS ISSUED BY THE 1ST RESPONDENT. EXT.P3 TRUE COPY OF THE NOTICE DATED 20/03/2013 ISSUED BY THE 2ND RESPONDENT.

EXT.P4 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 1ST RESPONDENT.

EXT.P5 TRUE COPY OF NOTICE ISSUED BY THE ADVOCATE COMMISSIONER. RESPONDENT'S EXHIBITS:- NIL.

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

A. MUHAMED MUSTAQUE, J ---------------------------------------------------- W.P.(C).No. 24211 of 2015 ---------------------------------------------------- Dated this the 21st day of August, 2015

JUDGMENT

The petitioner has approached this Court challenging SARFAESI proceedings.

2. The petitioner confines his prayer is to discharge the entire liability in easy instalments.

3. According to the Bank, the total liability of the petitioner is Rs.5,67,903/-.

Considering the above, the following directions are issued :

i) The petitioner is permitted to discharge the entire liability in ten equal monthly instalments starting from 20.09.2015.

ii) If the petitioner commits default in remitting any one of the instalments, the Bank is free to proceed against the petitioner.

The writ petition is disposed of as above. No costs. Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr