High Court Kerala High Court

P.Hamza vs The Malappuram District on 13 August, 2008

Kerala High Court
P.Hamza vs The Malappuram District on 13 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24261 of 2008(L)


1. P.HAMZA, S/O. ABDULLAKUTTY,
                      ...  Petitioner

                        Vs



1. THE MALAPPURAM DISTRICT
                       ...       Respondent

                For Petitioner  :SRI.P.CHANDRASEKHAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :13/08/2008

 O R D E R
           THOTTATHIL B. RADHAKRISHNAN, J.
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                 W.P.(C) NO.24261 OF 2008 (L)
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           Dated this the 13th day of August, 2008

                           J U D G M E N T

The petitioner availed a facility from the respondent

and later defaulted in repayment. The plea of the petitioner on

the question of legal infirmity and jurisdictional error in the

impugned action does not stand.

Having regard to the fact that the transaction is

admitted and the default is not disputed. Under such

circumstances, learned counsel for the petitioner states, giving up

all other contentions, that the petitioner is ready to pay off the

entire outstandings in instalments. Recording this submission and

having heard the learned counsel for the respondent in that

regard, it is directed that the distress action will stand deferred, if

the petitioner remits at the rate of Rs.25,000/- per month payable

on or before the last working day of every month commencing

W.P.(C) No.24261/2008

– 2 –

from August 2008, the bank will give due credit to the

remittances already made. If payments as aforesaid are duly

made, the sale shall stand deferred and ultimately it will be

treated as satisfaction of the remaining outstandings. The

petitioner will also be at liberty for any ameliorative relief that

may be available and that may be extended by the bank in terms

of law.

Sd/-

THOTTATHIL B. RADHAKRISHNAN,
JUDGE

skr/13/8

// True copy //

P.A. to Judge.