Kerala High Court
Rekha Chandran vs Perinad Lekshmivilasam Village ... on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 13177 OF 2024
PETITIONER/S:
1 REKHA CHANDRAN
AGED 49 YEARS
W/O. LATE CHANDRABABU, THEKKEVILAPURATHU HOUSE,
PRAKKULAM, THRIKKARUVA, KOLLAM, PIN - 691602
2 RAJANI
AGED 46 YEARS
W/O. SANTHOSH, THEKKEVILAPURATHU HOUSE, PRAKKULAM,
THRIKKARUVA, KOLLAM, PIN - 691602
3 RANJITH BABU
AGED 29 YEARS
S/O. LATE CHANDRABABU, THEKKEVILAPURATHU HOUSE,
PRAKKULAM, THRIKKARUVA, KOLLAM, PIN - 691602
BY ADV S.S.RAJESH
RESPONDENT/S:
1 PERINAD LEKSHMIVILASAM VILLAGE SERVICE CO-OPERATIVE
BANK LTD. NO. 1841,
KANJAVELI P.O., KOLLAM, REPRESENTED BY ITS SECRETARY.,
PIN - 691602
2 THE ASSISTANT REGISTRAR (GENERAL), KOLLAM
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), OPPOSITE
CIVIL STATION, KOLLAM, PIN - 691001
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
OFFICE OF THE JOINT REGISTRAR, OPPOSITE CIVIL STATION,
KOLLAM, PIN - 691001
BY ADVS.
ARJUN RAGHAVAN
T.R.HARIKUMAR(K/000295/1992)
POOJA PANKAJ(K/924/2016)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13177 OF 2024
2
JUDGMENT
When this matter was called today, the learned Standing Counsel for the 1st respondent - Perinad Lekshmivilasam Village Service Co-operative Bank Ltd, submitted that the loan account of the petitioners involved in this case can be settled for a total amount of Rs.15,01,904/-, which is the sum outstanding therein, as on 06.04.2024, along with all applicable charges and interest, provided same is paid by them in not more than 6 equal monthly installments.
2. The learned counsel for the petitioners - Sri.S.S.Rajesh Mangalassery, accepted the afore suggestion.
3. Taking note of the afore submissions and in order to obtain a balance between the rival interests of the parties, I allow this writ petition, permitting the petitioners to pay off the aforementioned amount, along with all applicable charges and interest, in 6 equal monthly installments commencing from 01.06.2024. WP(C) NO. 13177 OF 2024 3 Needless to say, if the amounts as afore are paid by the petitioners, the account will stand closed and the Perinad Lekshmivilasam Village Service Co-operative Bank will return to them all security documents as are necessary; but, if on the contrary, any two consecutive instalments are defaulted, the benefit of this judgment will be lost to them and the Bank will be at full liberty to pursue further action pursuant to Exts.P1 and P2, without having to obtain any other order from this Court. It is also needless to say, therefore, that as long as the amounts as afore are paid, all further action pursuant to Exts.P1 and P2 will stand deferred.
Sd/-
DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO. 13177 OF 2024 4 APPENDIX OF WP(C) 13177/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER DATED 18/12/2023 ISSUED BY THE 2ND RESPONDENT IN ARC NO. 3932/2023 Exhibit P-2 TRUE COPY OF THE ORDER DATED 18/12/2023 ISSUED BY THE 2ND RESPONDENT IN ARC NO. 3933/2023 Exhibit P-3 TRUE COPY OF THE REPRESENTATION DATED 14/3/2024 SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT Exhibit P-4 TRUE COPY OF THE LETTER DATED 18/3/2024 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT