IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30632 of 2008(V)
1. VISHWAMBARAN P.G. S/O. GOPALAN, AGED 38
... Petitioner
Vs
1. THE THRISSUR DISTRICT CO-OPERATIVE BANK
... Respondent
2. ASSISTANT REGISTRAR OF CO-OPERATIVE
For Petitioner :SRI.DENIZEN KOMATH
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :17/10/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.30632 OF 2008
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Dated this the 17th day of October, 2008
JUDGMENT
The petitioner availed a loan from the first respondent in
1995. Though the principal amount was Rs.22,000/-, not a pie
was paid over towards the principal or interest. This led to
arbitration award followed by execution. I do not find any
jurisdictional error or legal infirmity in the impugned
proceedings.
2. Learned counsel for the Bank, on instructions, states that
the petitioner did not even availed the opportunity extended
through Adalath. Learned counsel for the petitioner, however,
attempts to state the petitioner belongs to a marginalised sector,
being a poor fisherman and the loan was availed in connection
with his sister’s marriage.
Taking into consideration the different submissions on
either side and repelling all other contentions, this writ petition
WPC.30632/08
Page numbers
is ordered directing that if the petitioner remits amounts of
Rs.10,000/- each, payable on or before 5.11.2008, 5.12.2008 and
5.1.2009 and continues to remit at the rate of Rs.5,000/- per
month, payable on or before the 5th of every month commencing
from February, 2009, the Bank will give opportunity to the
petitioner to wipe off the outstandings by such mode. In view
of this judgment, the sale will stand adjourned from time to time.
However, if there is default in remitting any of the instalments as
aforesaid, the benefit of this judgment shall stand recalled
automatically and distress action shall follow.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.