High Court Kerala High Court

O.T.Saraswathi vs The Branch Manager on 15 May, 2009

Kerala High Court
O.T.Saraswathi vs The Branch Manager on 15 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13715 of 2009(H)


1. O.T.SARASWATHI,SRI.RAMNIVAS,
                      ...  Petitioner

                        Vs



1. THE BRANCH MANAGER,
                       ...       Respondent

2. THE DEPUTY GENERAL MANAGER/

                For Petitioner  :SRI.C.P.PEETHAMBARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :15/05/2009

 O R D E R
                         K. SURENDRA MOHAN, J
               ------------------------------------------------------------
                     W.P(C) NO: 13715 OF 2009-H
                -----------------------------------------------------------
                    Dated this the 15th May, 2009.

                                    JUDGMENT

The petitioner had availed a loan of Rs.7 lakhs from the first

respondent bank on 5.2.2004 on the security of an item of

immovable property having an extent of 62.36 cents in survey No:

35/3 of Edakkad Village. The repayment of the loan is in arrears

and the Bank has taken action for recovery of the loan amount by

selling the mortgaged property. A copy of the writ petition has

been served on the standing counsel for the respondents, Adv.

Nagaraj Narayanan.

2. I have heard counsel for the petitioner and the counsel for

the respondents. Counsel for the petitioner has offered to pay off

the entire outstanding amount in ten equal monthly instalments.

3. In the facts and circumstances of the case I feel that the

petitioner can be granted the permission to pay off the entire

outstanding amounts in ten monthly instalments, the first

instalment of which shall be paid on 15.6.2009 and the succeeding

instalments on the 15th of each succeeding month. If the petitioner

defaults any of the instalments, the bank would be free to initiate

appropriate action for recovery of the entire outstanding amounts

WPC 13715/2009 2

payable, in accordance with law.

The writ petition is disposed of as above.





                                          K. SURENDRA MOHAN
                                                 Judge
jj

WPC 13715/2009    3

                      K.K.DENESAN & V. RAMKUMAR, JJ.

—————————————————-

M.F.A.NO:

—————————————————–

JUDGMENT

Dated: