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Kurien K.O

High Court Of Kerala|04 June, 2014
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JUDGMENT / ORDER

The petitioner though has raised a contention that the loan availed of by him is an agricultural loan, the Standing Counsel for the Bank submits that it is a commercial loan. In any event 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 petitioners shall produce a certified copy of this judgment before the 1st respondent within two weeks of receipt of the same.
(ii) The 1st respondent shall quantify the amounts due under the loan account of the petitioner and inform the petitioner in writing the amounts due as on 15.06.2014.
(iii) The 1st respondent shall grant twelve monthly instalments for the payment of the balance dues, starting WPC.No.12277/2014 : 2 :
from 04.07.2014.
(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 12th instalment being satisfied, the respondent shall issue a statement of the interest accrued from 15.06.2014 which shall be satisfied by the petitioner on the 4th 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) jma //true copy// P.A to Judge
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Title

Kurien K.O

Court

High Court Of Kerala

JudgmentDate
04 June, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri
  • P Narayanan