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K.UNNIMADHAVAN NAIR versus PALAKKAD DISTRICT CO

High Court of Kerala

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K.UNNIMADHAVAN NAIR v. PALAKKAD DISTRICT CO-OPERATIVE BANK - WP(C) No. 22133 of 2007(I) [2007] RD-KL 15208 (8 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22133 of 2007(I)

1. K.UNNIMADHAVAN NAIR,
... Petitioner

Vs

1. PALAKKAD DISTRICT CO-OPERATIVE BANK
... Respondent

2. SALE OFFICER,

For Petitioner :SRI.P.R.VENKETESH

For Respondent :SRI.M.P.ASHOK KUMAR

The Hon'ble MR. Justice K.M.JOSEPH

Dated :08/08/2007

O R D E R

K.M.JOSEPH, J.


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W.P.(C).No. 22133 OF 2007
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Dated this the 8th day of August, 2007



JUDGMENT

Petitioner availed a loan which is not repaid. An award was procured by the respondent-bank. In execution of the same, Ext.P5 auction notice was published. Petitioner challenges the same. Petitioner seeks a direction to the respondent-Bank to furnish a proper statement of the account as regards the loan account of the petitioner calculating as per the terms of the Award. He further seeks a direction to the respondent-Bank to provide sufficient instalment facility to the petitioner.

2. I heard learned counsel for the petitioner and the learned counsel for the respondent-Bank also.

3. According to the petitioner, petitioner submitted Ext.P6. According to him, there is mistake in calculating the amount and also the amount paid after the Award is not properly taken into account. Learned counsel for the petitioner submits that petitioner may be given some facility to pay off the amount in instalments. WPC No.22133/07 2 The writ petition is disposed of as follows: There will be a direction to the first respondent to furnish a statement of account in regard to the loan account of the petitioner showing the amount remaining to be paid by the petitioner and also the amount of instalments to be paid on the basis that the amount is to be paid in 7 equal monthly instalments, within two weeks from today. The petitioner is permitted to pay off the entire amount remaining to be paid with due interest in 7 equal monthly instalments, the first of which shall be payable on or before 20/09/2007. Petitioner is to pay the remaining instalments on or before the 20th of every succeeding months. If the petitioner does not pay any of the instalments as aforesaid, petitioner will lose the benefit of this judgment and it is open to the respondent-Bank to proceed against the petitioner in accordance with law.

(K.M.JOSEPH, JUDGE)

sv. WPC No.22133/07 3 WPC No.22133/07 4

(K.M.JOSEPH, JUDGE)

sv. WPC No.22133/07 5

(K.M.JOSEPH, JUDGE)

WPC No.22133/07 6 sv.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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