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High Court of KeralaWP(C)/29715/2015disposed of

Ansar v. State Of Kerala

2015-09-303 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 WP(C).No. 29715 of 2015 (L) ---------------------------- PETITIONER(S):

----------------- ANSAR, AGED 70 YEARS S/O.BAVJAN, HAAJEE HOUSE, ALAGAPPANAGAR, AMBALLORE P.O., AMBALLORE VILLAGE, THRISSUR DISTRICT.

BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO RESPONDENT(S):

------------------- 1.

STATE OF KERALA, REP. BY SECRETARY TO THE GOVERNMENT DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695 001.

2.

THE ASSISTANT REGISTRAR, ASSI. REGISTRAR OFFICE, IRINJALAKUDA, THRISSUR DISTRICT - 680 001.

3.

SPECIAL SALE OFFICER, (KARUVANNUR GROUP) AMBALLORE SERVICE CO-OPERATIVE BANK LTD., ASSI. REGISTRAR OFFICE, IRINJALAKUDA THRISSUR DISTRICT - 680 001.

4.

AMBALLORE SERVICE CO-OPERATIVE BANK LTD., REP. BY ITS MANAGER, AMBALLORE, THRISSUR DISTRICT, KERALA PIN - 680 001.

R BY GOVERNMENT PLEADER SRI.K.C.VINCENT.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) NO.29715/2015 PETITIONER'S EXTS:

EXT.P1 A TRUE COPY OF THE NOTICE OF ATTACHMENT OF MOVABLES ISSUED BY THE SALE OFFICER DATED 22/9/2015 WITH TRANSLATION. //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.29715 of 2015 --------------------- Dated this the 30th day of September, 2015

J U D G M E N T

The petitioner seeks a breathing time to pay the dues to the fourth respondent Bank and to defer the coercive steps evidenced by Ext.P1 notice in the meanwhile.

2. I permit the petitioner to pay the amount due in 6 equal monthly instalments starting from 30.10.2015.

3. The coercive steps pursuant to Ext.P1 notice shall be put on hold if the petitioner complies with the conditions in time. The coercive steps shall surge ahead if the petitioner commits default in the payment of any one of the dues.

4. The fourth respondent is entitled to apply for review of this judgment if aggrieved by the instalment facility granted.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/30.09.15