1 WP(C) NO.6853 OF 2023 2025:KER:29650 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO.6853 OF 2023 PETITIONER: SUJITH SIMON AGED 38 YEARS, SON OF SIMON CHERIA, SUNSHINE, MANAKALA P.O., ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN – 691551. BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS: 1 THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK PT 235, REPRESENTED BY ITS SECRETARY, ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691523 2 THE SECRETARY PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK PT 235, ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691523 3 THE SALES OFFICER PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK PT 235, ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691523 BY ADVS. GEORGE ABRAHAM PACHAYIL, SC, R1 O.K.DEEPAMOL(K/455/2009) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WP(C) NO.6853 OF 2023 2025:KER:29650 JUDGMENT Petitioner is stated to have obtained certain credit facilities from the 1st respondent herein. Coercive proceedings are taken insofar as the petitioner was in default with respect to repayments. 2. It is in such circumstances that the captioned writ petition is filed by the petitioner. 3. Heard the learned counsel for the petitioner and Sri.George Abraham Pachayil, the learned Standing Counsel for the 1st respondent herein. 4. I notice that substantial amounts are in arrears from the side of the 1st respondent herein. The learned counsel for the petitioner would contend that some installment facility may be extended for clearing the arrears payable, as above. Having considered the rival submissions as well as the connected records, I dispose of this writ petition, as under: 3 WP(C) NO.6853 OF 2023 2025:KER:29650 (i) The petitioner is permitted to clear the arrears, payable to the 1st respondent herein, in 15 monthly installments, commencing from 30.04.2025 and on or before the last working day of each succeeding month. (ii) Needless to say, the petitioner is also to remit the monthly EMIs payable by him. (iii) In the event of default of any one installment, the respondent Bank shall be entitled to proceed in accordance with law. (iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance. Sd/- HARISANKAR V. MENON JUDGE Skk//10.04.2025 4 WP(C) NO.6853 OF 2023 2025:KER:29650 APPENDIX OF WP(C) NO.6853 OF 2023 PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT DATED 5.1.2023 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 24.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT WITH COPY TO SECOND RESPONDENT