Kerala High Court
Sidhan K K vs 1. Amballur Service Co-Operative Bank ... 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. 12435 OF 2024
PETITIONER:
SIDHAN K K
AGED 43 YEARS
S/O KUTTAPAN, KANGIL HOUSE, KALLUR P O, THRISSUR
DISTRICT, PIN - 680317
BY ADVS.
JITHIN BABU A
ARUN SAMUEL
RESPONDENTS:
1 1. AMBALLUR SERVICE CO-OPERATIVE BANK LTD.NO.503
REPRESENTED BY ITS SECRETARY, VARAKKARA P O, THRISSUR
DISTRICT, PIN - 680302
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
THRISSUR DISTRICT, PIN - 680001
3 ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
MUKUNDAPURAM ADMINISTRATION OFFICE OF THE ASSISTANT
REGISTRAR OF COOPERATIVE SOCIETIES,
MUKUNDAPURAM ,THRISSUR DISTRICT, PIN - 680733
4 SPECIAL SALE OFFICER
PUDUKKAD SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR
OF COOPERATIVE SOCIETIES, MUKUNDAPURAM, P.O.
IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121
BY ADV P.C SASIDHARAN
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.12435 OF 2024
2
JUDGMENT
When this matter was called today, Sri.P.C.Sasidharan - learned Standing Counsel for the 'Amballur Service Co-operative Bank Ltd.' ("Bank" for short), submitted that, if the petitioner is interested, he can be allowed to pay off the overdue amount in his loan account in installments, so that the said account can then be regularised. He submitted that the overdue in the Loan Account of the petitioner, as on 28.03.2024, is Rs.10,44,286/-; and that if this Court is so inclined, the petitioner can be allowed to pay off the said amount in not more than 15 instalments, provided he pays the same along with regular EMIs without default.
2. Sri.Jithin Babu.A - learned counsel for the petitioner, submitted that his client accepts the afore and prayed that this writ petition be so ordered.
3. Taking note of the afore submissions, I allow this writ petition and permit the petitioner to pay off the overdue amount of Rs.10,44,286/- as WP(C) NO.12435 OF 2024 3 on 28.03.2024, along with all applicable charges and interest, in 15 instalments, commencing from 01.06.2024. These payments shall be made along with the regular EMIs, without any default in either of them.
Needless to say, if the overdue amount is paid by the petitioner as afore, his account will stand regularised; but should he default in payment of two consecutive instalments, as ordered by this Court, or any of the regular EMIs, then the benefit of this judgment will be lost to him; and necessary recovery action can be continued against him, without the Bank having to obtain any further orders from this Court.
SD/-
DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO.12435 OF 2024 4 APPENDIX OF WP(C) 12435/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 22.02.2024 ISSUED BY THE 4TH RESPONDENT.