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Ayyappan Pillai

High Court Of Kerala|15 December, 2014
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JUDGMENT / ORDER

The petitioner availed a 'housing loan' of `3,00,000/- (Rupees three lakhs only) from the respondent Bank on 31.03.2000, on the strength of security interest created over the property in question. Since the repayment could not be effected as scheduled, the Bank proceeded with steps under the Revenue Recovery Act, which made the petitioner to approach this Court by filing this writ petition.
2. The learned counsel appearing for the respondent Bank submits that the total outstanding liability as on date is about `10.31 lakhs and the loan period is already over.
3. The learned counsel for the petitioner submits that the default was never wilful, but because of some unforeseen circumstances and that steps are being taken, to have the 'entire liability' cleared, for which some breathing time is sought for.
After hearing both the sides, the petitioner is directed to satisfy the 'entire liability', by way of 'eight' equal monthly WP(c). No.33160 of 2014 2 instalments, the first of it shall be effected on or before the 31st of December, 2014, followed by similar installments, to be effected on or before the last working day of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance, for the time being. It is made clear that, if any single default is committed with regard to the satisfaction of the 'liability' as above, it will be open for the respondent Bank to proceed with further steps for realization of the entire amount in lump, by pursuing such steps from the stage where it stands now.
The writ petition is disposed of.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE.
Pn
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Title

Ayyappan Pillai

Court

High Court Of Kerala

JudgmentDate
15 December, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • K Nirmalan Sri
  • A Rajasimhan