Mathew K.V. vs The Meenachil Co-Operative … on 28 May, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9454 of 2007(A)


1. MATHEW K.V., S/O.VARGHESE,
                      ...  Petitioner

                        Vs



1. THE MEENACHIL CO-OPERATIVE AGRICULTURAL
                       ...       Respondent

2. THE SPECIAL SALE OFFICER,

                For Petitioner  :SRI.LATHEESH SEBASTIAN

                For Respondent  :SRI.SUNIL CYRIAC,SC,MEENACHIL CO-OP.ARD

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :28/05/2007

 O R D E R
                                   K.M.JOSEPH, J.

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                          W.P.(C).No.9454 of 2007

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                      Dated this the 28th day of May, 2007



                                 JUDGMENT

Petitioner borrowed money from the first respondent which

he could not repay. Petitioner challenges Exts.P1, P4 and P6 to the

extent it affect the petitioner and seeks a direction to the

respondents 1 and 2 to grant one time settlement facility to the

petitioner to remit the amounts due to them.

2. I heard learned counsel for the petitioner and the

learned counsel for the bank.

3. Learned counsel for the bank submits that it is not open

to the bank to extend the benefit of one time settlement. Learned

counsel for the petitioner submits that petitioner may be permitted

to pay off the entire amounts in easy installments.

The writ petition is disposed of permitting the petitioner to

pay off the entire amounts remaining to be paid in ten equal

WPC No.9454/07 2

monthly installments, the first of which shall be payable on or

before 30/06/2007. If any of the installments are not paid, it is

open to the bank to enforce its right in accordance with law.

K.M.JOSEPH

JUDGE

sv.

WPC No.9454/07 3