IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35401 of 2007(M)
1. J. GOPALAKRISHNAN NAIR,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
2. THE JOINT REGISTRAR (GENERAL),
For Petitioner :SRI.P.K.MUHAMMED
For Respondent :SRI.NAGARAJ NARAYANAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :27/07/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.35401 of 2007
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Dated this the 27th day of July, 2009
J U D G M E N T
The petitioner has filed this writ petition challenging recovery
proceedings initiated by the respondents for recovery of the loan
amounts due from the petitioner to the 1st respondent. At the time of
admission of the writ petition, this Court passed the following interim
order:
“Urgent notice before admission to R1. Learned Govt. Pleader takes
notice for R2.
There will be interim order that if the petitioner remits amounts at
the rate of Rs.25,000/- per month, payable on or before the 20th of every
month, commencing from December 2007, the impugned proceedings will
not be enforced for a period of four months. However, if there is default
in remitting any of the instalments as aforesaid, the benefit of this order
shall stand recalled.
On the petitioner remitting an amount of Rs.1,00,000/- (Rupees
one lakh only) in four months as above, the first respondent will state, by
affidavit or otherwise, as to whether it can regularise the loan
transaction, having regard to the fact that the period of the loan, as
originally availed, is yet to be exhausted.”
The learned counsel appearing for the Bank now submits that
subsequently the legal heirs of the petitioner who is no more, have
paid the entire balance amount due and the loan account has been
closed. Recording the above submission, this writ petition is disposed
of.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
2