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2020 Supreme(Ker) 174

S.MANIKUMAR, SHAJI P.CHALY
Ummer Nechikkadan S/o. Muhammed – Appellant
Versus
Nilambur Co-Operative Urban Bank Ltd – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri.R.Suraj Kumar, Smt.A.B.Shymol, Smt.N.G.Sindhu
For the Respondent: Sri.Devaprasanth.P.J, Standing Counsel

JUDGMENT :

S. MANIKUMAR, J.

1. Challenge in this writ appeal is against the order passed in W.P.(C) No. 32976 of 2019 dated 21.1.2020, by which the writ court declined to grant a writ of mandamus to the bank to permit the appellant to repay the loan in considerable instalments and to regularise the loan amount by selling the secured assets within a period of six months, as prayed for. The impugned judgment reads thus;

    3. Sri.P.J. Devaprasanth, learned Standing Counsel for the respondents (Nilambur Co-operative Urban Bank Ltd.), submits that earlier the co-obligant in the very same loan transaction has approached this Court which culminated Ext.P3 judgment dated 10.10.2017 in W.P.(C).No.32172/2017 for cash credit facility, at this point of time the total dues was around Rs.29.4 lakhs and this Court had liberally granted installments facility to the petitioner their, who never even care to be comply the same except making a partly payment of hardly around Rs.1,54,000/-and that as on now, the total outstanding dues to be cleared by the petitioner for closing of the account in relation with the instant cash credit facility com around Rs.54,77,270/-and that the respondent Bank is prepared

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