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Kunjuhidru

High Court Of Kerala|14 November, 2014
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JUDGMENT / ORDER

The only prayer in the writ petition is for instalments. 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 respondent Bank within two weeks of receipt of the same.
(ii) The respondent Bank shall quantify the amounts due under the various transactions of the petitioner and inform the petitioner in writing the amounts due as on 30.11.2014.
(iii) The respondent Bank shall grant twenty monthly instalments for the payment of the balance dues, starting from 14.12.2014 and followed up on the 14th of each succeeding month.
(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 W.P.(C) No.23942 of 2010 and continue.
-: 2 :-
(vi) On the 20th instalment being satisfied, the respondent Bank shall issue a statement of the interest accrued from 30.11.2014 which shall be satisfied by the petitioner on the 14th of the succeeding month as 21st instalment.
(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 Bank will be free to proceed with the recovery if the above conditions are not complied with.
Sd/-
K. VINOD CHANDRAN, JUDGE.
Jvt
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Title

Kunjuhidru

Court

High Court Of Kerala

JudgmentDate
14 November, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri Jacob Sebastian