Kerala High Court
Kumba vs Kotachery Service Co-Operative Bank 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. 12416 OF 2024
PETITIONER:
KUMBA
AGED 60 YEARS, D/O BAIRAN,
KARAKUZHI, AJANUR P.O., HOSDURG,
KASARGODE 671531, PIN - 671531
BY ADVS.
PHILIP T.VARGHESE
THOMAS T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
JIJO PAUL
ANJALI SUNIL
RESPONDENTS:
1 KOTACHERY SERVICE CO-OPERATIVE BANK
REPRESENTED BY ITS SECRETARY,
KANHANGAD P.O, KASARGODE, PIN - 671326
2 SPECIAL SALE OFFICER/ JUNIOR INSPECTOR
OF KOTTACHERY SCB GROUP
O/O ASSISTANT REGISTRAR (GENERAL ),
HOSDURG P.O, KANHANGAD, PIN - 671315
BY ADVS.
SRI.ARUNKUMAR A
SMT.C.S.SHEEJA - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.12416 of 2024
:2:
JUDGMENT
When this matter was called today, Sri.Arunkumar A. - learned counsel for the respondent Bank, submitted that, the total outstanding in the Loan Accounts of the petitioner, as on 05.04.2024, is Rs.4,74,437/-; and that if she 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.Philip T.Varghese - 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 Accounts, namely, Rs.4,74,437/- as on 05.04.2024, with all applicable charges and interest, in 20 equal monthly installments commencing from 15.05.2024. If this is done, the Bank shall close the Loan account and return the security documents to her, on proper receipt.
Needless to say, as long as the petitioner pays as per the above directions, all further action pursuant to Exts.P1 and P2 W.P.(C) No.12416 of 2024 :3: will stand deferred; but if she 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 anm W.P.(C) No.12416 of 2024 :4: APPENDIX OF WP(C) 12416/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE NOTICE IN FORM NO.
8 DATED 19.02.2024 ISSUED BY 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE SALE NOTICE IN FORM NO.
9 DATED 19.02.2024 ISSUED BY 2ND RESPONDENT RESPONDENTS' EXHIBITS : NIL.