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G Gireesh Thottathil Veedu

High Court Of Kerala|23 October, 2014
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JUDGMENT / ORDER

The petitioner, a defaulter in repaying the loan availed of from the 4th respondent is before this Court challenging the recovery proceedings initiated against him. The liability and the default is admitted and the only contention is against failure to intimate quantification. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following terms:- (i) The petitioner shall produce a certified copy of this judgment before the 4th respondent within two weeks of receipt of the same.
(ii) The 4th respondent shall quantify the amounts due under the various transactions of the petitioner and inform the petitioner in writing the amounts due as on 15.11.2014.
(iii) The 4th respondent shall grant six monthly instalments for the payment of the balance dues, starting W.P.(C) No.22176 of 2013 - V 2 from 24.11.2014.
(iv) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.
(v) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue.
(vi) On the 6th instalment being satisfied, the respondent shall issue a statement of the interest accrued from 15.11.2014 which shall be satisfied by the petitioner on the 24th of the succeeding month.
(vii) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // True Copy // P.A To Judge.
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Title

G Gireesh Thottathil Veedu

Court

High Court Of Kerala

JudgmentDate
23 October, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri Shabu Sreedharan
  • Sri Tony Thomas