IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25664 of 2009(C)
1. K.KUMARAN,CHERIYAPARAMBATH
... Petitioner
Vs
1. THE ARBITRATION AND EXECUTION
... Respondent
2. THE CHOKLI SERVICE CO-OPERATIVE BANK,
For Petitioner :SRI.K.ANAND
For Respondent :SRI.SARVOTHAMAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :13/11/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.25664 of 2009
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Dated this the 13th day of November, 2009
J U D G M E N T
The petitioner is a defaulter in repayment of loan amount due
from him to the 2nd respondent, in respect of which, revenue recovery
proceedings have been initiated, which resulted in Ext.P1 sale notice.
The petitioner is challenging the same. However, the petitioner does
not dispute the liability to pay or the quantum. The petitioner only
seeks the facility to pay the amounts in instalments.
2. I have heard the learned Standing Counsel appearing for
the 1st respondent and the learned Government Pleader.
3. Having heard both sides, I dispose of this writ petition with
the following directions:
As per the interim order dated 10.9.2009 the petitioner has paid
Rs.15,000/-. The petitioner shall pay the balance amount in five equal
monthly instalments starting from 1.12.2009. Every subsequent
instalment shall be paid on the first working day of every succeeding
month. If the petitioner pays the instalments on the due dates without
default, coercive proceedings for recovery of the amounts due shall be
kept in abeyance. However, if the petitioner commits default in
payment of any of the instalments, it would be open to the
respondents to take coercive proceedings without having to issue any
fresh notice or proceedings in that regard.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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