High Court of KeralaWP(C)/25227/2015disposed of

Syamala v. The Kollam District Co-Operative Bank Ltd

2015-08-21Honourable Mr. Justice A.Muhamed Mustaque4 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. 25227 of 2015 (C) ---------------------------- PETITIONER :

--------------------- SYAMALA AGED 60 YEARS, W/O.DAYANANDAN, VATTATHARAKIZHAKETHIL, VILLIMANGALAM MUNROETHURUTH P.O., KOLLAM DISTRICT.

BY ADV. SMT.G.VIDYA RESPONDENT(S) :

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

1. THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE BRANCH MANAGER ANCHALUMMOODU BRANCH, KOLLAM.

2. THE AUTHORISED OFFICER THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD KOLLAM.

R1 & R2 BY ADV. SRI.T.R.HARIKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 25227 of 2015 (C) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1.

COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 27.7.15 AND ENGLISH TRANSLATION.

EXHIBIT P2.

COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 11.6.15.

RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A. MUHAMED MUSTAQUE, J ---------------------------------------------------- W.P.(C).No. 25227 of 2015 ---------------------------------------------------- Dated this the 21st day of August, 2015

JUDGMENT

The petitioner availed a loan from the 1st respondent-Bank in the year 2002. She challenges SARFAESI proceedings.

2.The learned counsel for the petitioner submits that the petitioner is a sixty years old lady and is unable to pay the liability.

3. The learned counsel for the Bank submits that the total liability of the petitioner which would come around Rs.2,20,231/-.

4. This Court is of the view that the petitioner should be given sufficient time to discharge the entire liability.

5. Accordingly, the following directions are issued : i) The petitioner shall remit Rs.20,000/- within one month from today.

ii) Thereafter, the petitioner shall continue to remit Rs.5,000/- per month for a period of nine months.

W.P.(C).No. 25227 of 2015 -2iii) And in the tenth month, the petitioner shall discharge the entire balance amount to the Bank. iv) If any scheme is floated for a settlement of liability, necessarily, the scheme shall also be extended to the petitioner notwithstanding the directions in the judgment.

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