Sankaranarayana Bhat vs Kasargod Prmary Co-Operative on 16 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36346 of 2009(K)


1. SANKARANARAYANA BHAT, S/O.MAHABALA BHAT
                      ...  Petitioner

                        Vs



1. KASARGOD PRMARY CO-OPERATIVE
                       ...       Respondent

2. SPECIAL SALE OFFICER, KASARGOD PRIMARY

                For Petitioner  :SRI.SUNIL NAIR PALAKKAT

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :16/12/2009

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

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

                       W.P.(C).No. 36346 of 2009

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

               Dated this the 16th day of December, 2009

                             J U D G M E N T

The petitioner availed of a loan from the 1st respondent bank,

repayment of which was defaulted by him. The bank initiated coercive

recovery proceedings. The petitioner is challenging the same in this

writ petition. However, now the petitioner does not dispute the liability

to pay or the quantum. The petitioner only seeks a direction to the 1st

respondent to permit the petitioner to pay off the amounts in

instalments.

2. Learned Standing Counsel appearing for the bank stoutly

opposes the prayer of the petitioner. According to him, the petitioner is

not entitled to any indulgence from this Court since the petitioner has

not chosen to avail of the opportunities given by the bank to the

petitioner for paying the amounts.

3. After hearing both sides, I am of opinion that, in view of

the facts and circumstances of the case, some more leniency can be

shown to the petitioner in the matter of repayment of the amounts due

to the bank in instalments. Accordingly, this writ petition is disposed

of with the following directions:

The petitioner shall pay an amount of Rs.2 lakhs within one

month. The balance shall be paid in five equal monthly instalments

w.p.c.36346/09. 2

starting from 1.2.2010. Every subsequent instalment shall be paid on

the first working day of every succeeding month. If the petitioner pays

the above amounts in time, further coercive proceedings for recovery

of the amount shall be kept in abeyance. However, if the petitioner

commits default in paying the initial amount of Rs.2 lakhs or any of the

instalments, it would be open to the respondents to continue

proceedings as now initiated without having to issue any fresh notice

or proceedings in that regard.

Sd/-

sdk+                                            S.SIRI JAGAN, JUDGE

          ///True copy///




                             P.A. to Judge