Kerala High Court
Lathika.M vs The Varkala Co-Operative Agricultural ... 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. 3048 OF 2024
PETITIONERS:
1 LATHIKA.M, AGED 62 YEARS,
W/O BABU, THEKKEVAYALTHODI,
VENKULAM, EDAVA.P.O,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695311.
2 BIJU.B, AGED 32 YEARS,
S/O BABU, THEKKEVAYALTHODI, VENKULAM,
EDAVA.P.O, THIRUVANANTHAPURAM DISTRICT,
PIN - 695311.
BY ADV K.P.SUJESH KUMAR
RESPONDENTS:
1 THE VARKALA CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD. NO.2039, MAITHANAM, VARKALA,
THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS
SECRETARY., PIN - 695141.
2 SPECIAL SALES OFFICER
THE VARKALA CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD., NO.2039, MAITHANAM,
VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN - 695141.
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN(K/1277/2012)
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. 3048 OF 2024
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JUDGMENT
When this matter was called today, Sri.Sujesh Kumar P. - learned counsel for the petitioners, submitted that an amount of Rs.50,000/- had been paid to the 1st respondent as per the interim order of this Court dated 25.01.2024.
2. Sri.T.R.Hari Kumar - learned counsel for the respondents, affirmed the afore and submitted that the total outstanding amount in the petitioners' loan account is Rs.5,14,812/-; while, the overdue amount is Rs.4,52,490/-, as on 05.04.2024. He offered that they can be allowed to pay off the former amount, which is the balance after deducting the amount paid under the interim order, along with all applicable charges and interest, provided she pays the same in not more than 15 equal monthly installments.
WP(C) NO. 3048 OF 2024 -3-
3. Sri.Sujesh Kumar P. - learned counsel for the petitioners, accepted the afore suggestion.
Taking note of the afore submissions, I allow this writ petition, permitting the petitioners to pay off the aforementioned total outstanding amount, along with all applicable charges and interest, in 15 equal monthly installments, commencing from 15.05.2024.
Needless to say, if the petitioners continue to pay as afore, all action pursuant to Ext.P1 will stand deferred; but if they default payment of the 1st installment or any of two other consecutive installments as ordered above, necessary action for recovery can be taken forward, without having to obtain further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN akv JUDGE WP(C) NO. 3048 OF 2024 -4- APPENDIX OF WP(C) 3048/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE NOTICE ISSUED BY THE SECOND RESPONDENT DATED NIL