IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4595 of 2010(Y)
1. O.K. KADEEJA,
... Petitioner
Vs
1. THE MANAGER,
... Respondent
2. THE TAHSILDAR,
For Petitioner :SRI.C.KHALID
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :16/02/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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WP(C) No. 4595 of 2010
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Dated, this the 16th day of February, 2010
J U D G M E N T
The petitioner is aggrieved of the recovery proceedings being
pursued at the instance of the respondent Bank for realisation of the
amount due from the petitioner under a loan transaction. The learned
counsel for the petitioner submits that the coercive proceedings taken by
the respondents causing the property of nearly 29 cents of land to be
sold in public auction scheduled on 18.02.2010 are not correct or
sustainable under any circumstance. It is also the case of the petitioner
that he belongs to the class of ‘Below Poverty Line’ and that the
petitioner might be permitted to clear the liability in a phased manner.
2. The learned counsel appearing for the Bank submits on
instructions that a total sum of Rs.85,579/- plus interest at the rate of
13% from 01.01.2008 and such other expenses are due as shown in
Ext.P2. The learned counsel for the petitioner submits that the petitioner
has already effected a payment of Rs.25,000/- in the year 2009, i.e.,
after the issuance of Ext.P2, as borne by Exts.P3 and P4 and as such,
the sale of the entire properties of 29 cents is not at all necessitated,
the liability having substantially been scaled down.
WP(C) No.4595/2010
2
3. In the above facts and circumstances, this Court finds it fit
and proper to permit the petitioner to satisfy the entire liability by way of
reasonable instalments. Accordingly, the petitioner is directed to deposit
a sum of Rs.20,000/- on or before the last working day of this month and
the balance shall be cleared by way of `five’ equal monthly instalments,
the first of which shall be effected on or before the 30th of March, 2010, to
be followed by similar instalments to be effected on or before the 30th of
the succeeding months. Subject to the above, all recovery proceedings
stated as being pursued against the petitioner shall be kept in abeyance.
The Writ Petition is disposed of accordingly.
P. R. RAMACHANDRA MENON
JUDGE
dnc