IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7675 of 2006(L)
1. NARAYANAN NAIR,
... Petitioner
2. SAJU, S/O.NARAYANAN NAIR,
3. SUDHEER, S/O.NARAYANAN NAIR,
4. BINDU, D/O.NARAYANAN NAIR,
5. SANTHOSH, S/O.AYYAPPAN NAIR,
6. RAVI, S/O.KRISHNAN NAIR,
Vs
1. THE SALE OFFICER,
... Respondent
2. THE ASST. REGISTRAR,
3. NANDIPULAM SERVICE CO-OPERATIVE BANK
For Petitioner :SRI.C.A.CHACKO
For Respondent :SRI.RENJITH THAMPAN
The Hon'ble MR. Justice J.M.JAMES
Dated :15/11/2006
O R D E R
J.M.JAMES, J.
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W.P.(C). 7675/2006
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Dated this 15th day of November, 2006
JUDGMENT
The petitioners had availed loan under various
loan facilities, as could be seen from Ext.P1, from the
third respondent-bank. The payments were not effected
and premium was not paid. Because of the default, the
bank initiated steps against them, as could be seen from
Exts. P2 to P6. Therefore, writ petitioners came before
this Court praying, inter alia, to direct the respondents to
provide adequate monthly instalment facilities to them,
and to allow them to pay the amounts, due to the third
respondent, after the latter supplying the detailed
statements of account of the debts of the writ petitioners.
2. When the writ petition came up for admission,
this Court, as per the order dated 15.3.2006, directed
the petitioners to remit an amount of Rs.75,000/-, within
two months from that date and also continue to pay an
instalment of Rs.40,000/- each per month, on the last day
of every succeeding month, computing the period from the
payment of Rs.75,000/-, as ordered above.
W.P.(C).7675/2006
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3. It is the complaint of the third respondent
that the petitioners had defaulted the payment.
However, counsel for the writ petitioners submit that
they had remitted an amount of Rs.50,000/-, and the
balance amount was not paid to the third respondent, as
the conditions stipulated in the order of this Court had
elapsed. The counsel further submitted that the
petitioners are prepared to pay the balance amount of
Rs.25,000/-, as per the order of 15.3.2006, and also the
instalment amount, as ordered by this Court. Hence the
counsel prays that the instalment amount of Rs.40,000/-
may be reduced and they may be allowed to remit the
amount on easy instalments.
4. After hearing both sides and considering the
facts that are placed before me, together with the
submissions of the learned counsel for the third
respondent, I direct as follows:-
(a). The writ petitioners shall remit an amount
of Rs.25,000/- within 15 days from today before
the third respondent. Immediately on
remittance of that amount, the third
respondent-bank, shall supply the writ
W.P.(C).7675/2006
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petitioners the statement(s) of accounts about
the balance amount due from them to the third
respondent, within one week from the date of
remittance of Rs.25,000/-.
(b). The writ petitioners shall remit the entire
balance amount due to the third respondent in
15 equal monthly instalments, starting from
the same date of next succeeding month,
paying Rs.25,000/-, as ordered above.
(c). There shall be no default of any payment
of the instalment amount to the third
respondent. In case of any default, the facility
of the payment through instalments will lapse
and the third respondent will be at liberty to
take appropriate proceedings against the
petitioners in which event, the entire amount
shall be paid to the writ petitioners in lump.
The writ petition is disposed of as above.
J.M.JAMES
JUDGE
mrcs