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2025 DAILYLAW 3569 (KER)

SIMON, v. NEYYATTINKARA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT,

WP(C)/6118/2025 · 2025-03-24

Ziyad Rahman A A

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26230 WP(C)No.6118 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 6118 OF 2025 PETITIONER/S: SIMON, AGED 60 YEARS S/O. GOVINDAN NADAR,THENGUVILA KUZHI, ARAPPURA MELE PUTHEN VEEDU VADAKARA MARAYAMUTTOM, TRIVANDRUM, PIN - 695124 BY ADV AMJATH A.R RESPONDENT/S: NEYYATTINKARA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT, NEYYATTINKARA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT, PIN - 695126 BY ADVS. T.R.HARIKUMAR ARJUN RAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26230 WP(C)No.6118 of 2025 2 J U D G M E N T The petitioner availed a personal loan from the respondent bank for an amount of Rs.10 lakhs by mortgaging his property. Since the petitioner defaulted in paying the installments, recovery proceedings were initiated against the petitioner. Ext.P2 is the sale notice issued by the respondents intimating the petitioner that, unless the petitioner clears the entire liability, his property will be put on auction and the same is under challenge in this writ petition. The limited prayer sought by the petitioner is to grant an installment facility for regularising the loan account. 2. The learned Standing Counsel for the respondent submits that Rs.7,63,252/- is the total outstanding amount as on 20.03.2025. After considering the limited nature of the relief, I am inclined to dispose of the writ petition. Accordingly, it is ordered that, it shall be open for the petitioner to get the loan regularised, by paying the amount, as referred 2025:KER:26230 WP(C)No.6118 of 2025 3 to above, along with future interest and other penal charges in 15 equal monthly installments commencing from 24.04.2025, along with regular monthly installments. In case of default in making any of the installments as referred to above or the regular installments, the facility granted by this court shall stand cancelled, in which event, it shall be open for the respondent to restart the recovery proceedings from the point it was stopped. Subject to the above, the recovery proceedings initiated against the petitioner shall be kept in abeyance. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/27.03 2025:KER:26230 WP(C)No.6118 of 2025 4 APPENDIX OF WP(C) 6118/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PASSBOOK RECEIPT ISSUED BY THE RESPONDENT BANK Exhibit P2 TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE RESPONDENT BANK DATED 25.12.2024. RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE