IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24261 of 2008(L)
1. P.HAMZA, S/O. ABDULLAKUTTY,
... Petitioner
Vs
1. THE MALAPPURAM DISTRICT
... Respondent
For Petitioner :SRI.P.CHANDRASEKHAR
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :13/08/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C) NO.24261 OF 2008 (L)
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Dated this the 13th day of August, 2008
J U D G M E N T
The petitioner availed a facility from the respondent
and later defaulted in repayment. The plea of the petitioner on
the question of legal infirmity and jurisdictional error in the
impugned action does not stand.
Having regard to the fact that the transaction is
admitted and the default is not disputed. Under such
circumstances, learned counsel for the petitioner states, giving up
all other contentions, that the petitioner is ready to pay off the
entire outstandings in instalments. Recording this submission and
having heard the learned counsel for the respondent in that
regard, it is directed that the distress action will stand deferred, if
the petitioner remits at the rate of Rs.25,000/- per month payable
on or before the last working day of every month commencing
W.P.(C) No.24261/2008
– 2 –
from August 2008, the bank will give due credit to the
remittances already made. If payments as aforesaid are duly
made, the sale shall stand deferred and ultimately it will be
treated as satisfaction of the remaining outstandings. The
petitioner will also be at liberty for any ameliorative relief that
may be available and that may be extended by the bank in terms
of law.
Sd/-
THOTTATHIL B. RADHAKRISHNAN,
JUDGE
skr/13/8
// True copy //
P.A. to Judge.