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INDIRA, W/O.LATE PURUSHOTHAMAN v. TRICHUR DISTRICT CO-OPERATIVE BANK LTD. - WP(C) No. 8867 of 2007(E)  RD-KL 14868 (3 August 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 8867 of 2007(E)
1. INDIRA, W/O.LATE PURUSHOTHAMAN,
2. THANKAMMA, KADAVATH HOUSE,
1. TRICHUR DISTRICT CO-OPERATIVE BANK LTD.,
2. THE SPECIAL SALE OFFICER,
For Petitioner :SRI.JIJO PAUL
For Respondent :SRI.T.R.HARIKUMAR
The Hon'ble MR. Justice K.M.JOSEPH
O R D E R
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W.P.(C).No. 8867 OF 2007
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Dated this the 3rd day of August, 2007
Petitioners are legal heirs of Purushothaman who availed a loan. It is case of the petitioners that Purushothaman committed suicide. An award was passed. Petitioners challenged the award. Ext.P2 is the order passed by the Tribunal. By Ext.P2 award, petitioner was allowed to discharge the decree debt in 10 equal monthly instalments. On failure of two consecutive instalments, the respondent was given liberty to realise the entire amount in a lump. Ext.P3 is the notice issued under Rule 81(E) for sale after the passing of the modified award. It is stated that petitioner has paid substantial portion of the amount as evidenced from Exts. P4 to P7 receipts and it is also stated that an amount of Rs. 66,000/- was paid towards the dues. Petitioners challenge Exts.P3 and P7.
2. I heard learned counsel for the respondents also, who submits that petitioner has not complied with the instalment WPC No. 8867/07 2 facility as ordered in Ext.P2. Learned counsel for the petitioners submits that they may be permitted to pay off the entire amount in instalments. Having heard learned counsel for the parties, the writ petition is disposed of as follows: Petitioners are permitted to pay off the entire amount remaining to be paid with due interest in six equal monthly instalments, the first of which shall be payable on or before 04/09/2007. Petitioners are to pay the remaining instalments on or before the 4th of every succeeding months. The respondent- society will serve a statement on the petitioners showing amount remaining to be paid and also the amount of instalments to be paid on the basis that the amount is to be paid in 6 equal monthly instalments, within two weeks from today. If any of the instalments as aforesaid is not paid, petitioners will lose the benefit of this judgment and it will be open to the respondents to proceed against the petitioners in accordance with law.
(K.M.JOSEPH, JUDGE)sv. WPC No. 8867/07 3 WPC No. 8867/07 4 WPC No. 8867/07 5
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