1 WP(C) NO.9636 OF 2023 2025:KER:26907 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO.9636 OF 2023 PETITIONER: DIPU VARGHESE AGED 44 YEARS, S/O. VARGHESE, PALLIPPATT HOUSE, ANGAMALY VILLAGE, ANGAMALY, PIN – 683572. BY ADV LIFFY P. FRANCIS RESPONDENTS: 1 THE ALUVA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. E 87, REPRESENTED BY ITS MANAGER, ALUVA, PIN – 683101, 2 THE MANAGER, ALUVA C O-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. E 87 ALUVA, PIN – 683101. 3 JUNIOR INSPECTOR/SPECIAL SALE OFFICER, ALUVA C O-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. E 87 ALUVA -683101. BY ADVS. SHAJI CHIRAYATH ADVOCATE JIJI M. VARKEY(J-650) M.K.SAFEELA BEEVI(S-1575) M.M.SHAJAHAN(K/1204-E/2010) SRI.T.JAYAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WP(C) NO.9636 OF 2023 2025:KER:26907 JUDGMENT Petitioner has obtained some credit facilities from the 1st respondent herein. For realisation of the arrears payable, coercive proceedings have been initiated, as evidenced by Ext.P4 notice dated 20.02.2023. 2. While admitting the writ petition, on 20.03.2023, this Court had directed the petitioner to remit Rs.3,00,000/- as a condition for stay. 3. Heard Sri.Liffy P. Francis, learned counsel for petitioner and Sri.Shaji Chirayath, learned Standing Counsel for the 1st respondent. 4. The learned counsel for the petitioner states that the directions contained in the interim order, referred to above, has been complied with. The learned counsel for the 1st respondent also accepts the afore contention. 5. This Court notices that, as on today, according to the learned counsel for the 1st respondent, the arrears payable by the petitioner is Rs.44,25,455/- The learned 3 WP(C) NO.9636 OF 2023 2025:KER:26907 counsel for the petitioner only seeks an instalment facility for clearing the afore within a reasonable period of time. Having considered the rival submissions as well as the connected records, this writ petition would stand disposed of, as under: (i) The petitioner is permitted to clear the arrears, as above, in 16 equal monthly installments. (ii) The first installment shall be paid on or before 30.04.2025 and the subsequent installments shall be paid on or before the last working day of each succeeding month. (iii) In the event of default of any one installment, the respondent Bank shall be entitled to proceed in accordance with law. (iv) Needless to say, if any auction proceedings are scheduled to be conducted, as stated by the learned counsel for the petitioner today, the learned counsel for the 1st respondent undertakes to inform the Bank not to proceed further in the matter. Sd/- HARISANKAR V. MENON, JUDGE Skk//28.03.2025 4 WP(C) NO.9636 OF 2023 2025:KER:26907 APPENDIX OF WP(C) NO.9636 OF 2023 PETITIONER’S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE ACCOUNT STATEMENT PERTAINING TO LOAN NO. ALNF 191/2013-2014 DATED 19-12-2022 EXHIBIT P2 THE TRUE COPY OF THE ACCOUNT STATEMENT PERTAINING TO LOAN NO. ALNF 089/2014-15 DATED 19-12-2022 EXHIBIT P3 THE TRUE COPY OF THE TRANSACTION RECEIPTS, DATED 19-12-2022 EXHIBIT P4 THE TRUE COPY OF AUCTION NOTICE DATED 20- 02-2023