Khadeeja vs The Kumaramputhru Co-Operative on 2 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27270 of 2009(C)


1. KHADEEJA, AGED 40 YEARS,
                      ...  Petitioner

                        Vs



1. THE KUMARAMPUTHRU CO-OPERATIVE
                       ...       Respondent

2. SENIOR INSPECTOR OF CO-OPERATIVE

                For Petitioner  :SRI.S.SUDHISH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :02/11/2009

 O R D E R
                              S.SIRI JAGAN, J.

                      ==================

                        W.P(C).No.27270 of 2009

                      ==================

                Dated this the 2nd day of November, 2009

                              J U D G M E N T

The petitioner is a defaulter in repayment of the loan taken by

the petitioner from the 1st respondent-Bank. The respondents have

initiated proceedings for sale of the mortgaged property for realisation

of the loan amount. That is under challenge before me.

2. The petitioner submits that as per the interim order dated

29.9.2009 the petitioner has paid an amount of Rs.20,000/-. The

petitioner seeks facility to pay off the balance amount due in

instalments.

3. Although notice was served on the respondents, they have

not chosen to enter appearance and contest the matter.

4. After hearing the counsel for the petitioner, I dispose of

this writ petition with the following directions:

The petitioner shall pay the balance amount due 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 in time, further coercive

proceedings for recovery of the amount shall be kept in abeyance.

However, if the petitioner commits default in paying any of the

instalments, it would be open to the respondents to continue

2

proceedings as now initiated without having to issue any fresh notice

or proceedings in that regard.

If the respondents are willing to consider the petitioner’s request

for regularisation of the loan account, the above judgment shall not

stand in the way and the 1st respondent shall consider the same as

sympathetically as possible, taking into account the facts and

circumstances of the case.

Sd/-

sdk+                                            S.SIRI JAGAN, JUDGE

         ///True copy///




                             P.A. to Judge