IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13715 of 2009(H)
1. O.T.SARASWATHI,SRI.RAMNIVAS,
... Petitioner
Vs
1. THE BRANCH MANAGER,
... Respondent
2. THE DEPUTY GENERAL MANAGER/
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :15/05/2009
O R D E R
K. SURENDRA MOHAN, J
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W.P(C) NO: 13715 OF 2009-H
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Dated this the 15th May, 2009.
JUDGMENT
The petitioner had availed a loan of Rs.7 lakhs from the first
respondent bank on 5.2.2004 on the security of an item of
immovable property having an extent of 62.36 cents in survey No:
35/3 of Edakkad Village. The repayment of the loan is in arrears
and the Bank has taken action for recovery of the loan amount by
selling the mortgaged property. A copy of the writ petition has
been served on the standing counsel for the respondents, Adv.
Nagaraj Narayanan.
2. I have heard counsel for the petitioner and the counsel for
the respondents. Counsel for the petitioner has offered to pay off
the entire outstanding amount in ten equal monthly instalments.
3. In the facts and circumstances of the case I feel that the
petitioner can be granted the permission to pay off the entire
outstanding amounts in ten monthly instalments, the first
instalment of which shall be paid on 15.6.2009 and the succeeding
instalments on the 15th of each succeeding month. If the petitioner
defaults any of the instalments, the bank would be free to initiate
appropriate action for recovery of the entire outstanding amounts
WPC 13715/2009 2
payable, in accordance with law.
The writ petition is disposed of as above.
K. SURENDRA MOHAN
Judge
jj
WPC 13715/2009 3
K.K.DENESAN & V. RAMKUMAR, JJ.
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M.F.A.NO:
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JUDGMENT
Dated: