High Court of KeralaWP(C)/29766/2014disposed of

Ravi V v. The Palakkad Primary Co-Operative Agricultural And Rural Development Bank Ltd

2015-02-134 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(C).No. 29766 of 2014 (U) ---------------------------- PETITIONER:

------------------- RAVI.V, S/O.KRISHNAN, VADAKKETHIL, VADASSERY, KERALASSERY, PALAKKAD DISTRICT.

BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S):

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

1. THE PALAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.F-1029, REPRESENTED BY ITS SECRETARY, PALAKKAD-678 014.

2. JUNIOR INSPECTOR/SPECIAL OFFICER, PALAKKAD PCARD BANK, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PALAKKAD-678 001.

3. THE ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PALAKKAD-678 001.

R1 BY ADV. SRI.A.R.GANGADAS R3 BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 29766 of 2014 (U) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

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

TRUE COPY OF THE SALE NOTICE DATED 27/09/2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXT.P1:

TRUE COPY OF THE LETTER DATED 7/11/2014 ISSUED BY THE PETITIONER TO THE 2ND RESPONENT.

RESPONDENT(S)' EXHIBITS:

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

K.VINOD CHANDRAN, J.

----------------------------------------- W.P.(C) No.29766 of 2014 ----------------------------------------- Dated this the 13th day of February, 2015

JUDGMENT

The petitioner is aggrieved by Ext.P1 sale notice threatening sale of his property for settlement of the defaulted amounts, in the loan account availed.

2. Considering the confined prayer made for instalments, it is directed that the recovery proceedings shall be kept in abeyance on condition of the petitioner settling the entire loan in ten equal monthly instalments. The petitioner shall produce a certified copy of this judgment before the respondent Bank within two weeks of its receipt. The respondent-Bank shall quantify the dues as on 20.2.2015 and issue a statement of accounts, in accordance with which the instalments shall be paid. The 1st instalment shall be paid on or before 13.3.2015 and thereafter; the due date of instalments falling on the 13th of each succeeding month. If default is committed in two consecutive instalments, then the recovery proceedings shall be revived and continued. On

W.P.(C) No.29766 of 2014 the satisfaction of the dues as per the statement, the Bank shall give a statement of the future interest from 20.2.2015 and the same shall be settled as the 11th instalment. The writ petition stands disposed of, leaving the parties to suffer their respective costs.

Sd/- K.VINOD CHANDRAN, JUDGE.

rkc.