Kerala High Court
Sijithkumar K S vs Wadakkanchery Block Multipurpose ... on 5 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 13049 OF 2024
PETITIONER:
SIJITHKUMAR K S
AGED 66 YEARS
KARUMUKKIL HOUSE, KUNDANNUR P.O, WADAKKANCHERY VIA,
KANJIRAKODE, KANJIRAKODE, THRISSUR, KERALA., PIN - 680590
BY ADVS.
VISHNU DAS
SRUTHI DAS
MARIA NEETHU T.J
ANAGHA A.S.
RESPONDENTS:
1 WADAKKANCHERY BLOCK MULTIPURPOSE CO-OPERATIVE SOCIETY LTD.
NO.R.1125, XI/1450, REPRESENTED BY ITS SECRETARY, NEAR GOVT.
BOYS HIGHER SECONDARY SCHOOL, WADAKKANCHERY, THRISSUR,
KERALA., PIN - 680582
2 JUNIOR INSPECTOR/SPECIAL SALE OFFICER
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCITIES
(GENERAL) THALAPILLY P.O, WADAKKANCHERY, PIN - 680582
SMT.MABLE C. KURIAN - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13049 OF 2024
2
JUDGMENT
When this matter was called today, Sri.P.C.Sasidharan - learned counsel for "Wadakkanchery Block Multipurpose Co-operative Society Ltd." ('Bank' for short), submitted that, the total outstanding in the Loan Account of the petitioner, as on 05.04.2024, is Rs.1,03, 80, 023/-; and that if he is willing to pay the same in not more than 20 equal monthly installments, his client will not stand in the way of this Court disposing of this writ petition on such terms.
2. Sri.Vishnu Das - learned counsel for the petitioner, fully agreed to the afore and prayed that this writ petition be thus ordered.
In the afore circumstances, I allow this writ petition, granting liberty to the petitioner to pay the total outstanding amount in the Loan Account, namely, Rs.1,03, 80, 023/- as on 05.04.2024, with all applicable charges and interest, in 20 equal monthly installments commencing from 01.06.2024. If this is done, the Bank shall close the loan account and return the security documents to him, on proper receipt.
Needless to say, as long as the petitioner pays as per the above directions, all further action pursuant to Ext.P1 will stand WP(C) NO. 13049 OF 2024 3 deferred; but if he defaults payment of any two consecutive installments as ordered above, the Bank will be at full liberty to invoke appropriate remedies for recovery of the total balance amount as per law, without having to obtain any further orders from this Court.
SD/-
DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 13049 OF 2024 4 APPENDIX OF WP(C) 13049/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICES ISSUED UNDER SECTION 74(2) OF KERALA CO-OPERATIVE SOCIETIES ACT, 1969 BY THE 2ND RESPONDENT TO THE PETITIONER HEREIN DATED 18.03.2024 Exhibit P2 THE TRUE COPY OF THE DETAILS SHOWING THE OUTSTANDING LOAN AMOUNT AS ON 19.02.2024