Kerala High Court
K. N Babu vs Padiyotchal 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. 13039 OF 2024
PETITIONER:
K. N BABU
AGED 67 YEARS
S/O. K. A NARAYANPILLA, CHERUPUZHA, TALIPARAMBA ,
KANNUR, PIN - 670511
BY ADVS.
SREEKANTH S.NAIR
SANDEEP P JOHNSON
NAFEESA P.S.
RESPONDENT:
PADIYOTCHAL SERVICE CO-OPERATIVE BANK LTD
CHERUPUZHA, PAYYANNUR, KANNUR, REPRESENTED BY ITS
MANAGER, PIN - 670511
BY ADVS.
MURALIKRISHNAN C
ABRAHAM GEORGE JACOB(K/003159/1999)
SHAHNA(K/001380/2023)
MATHEW ANGELO DAVIS(K/002460/2023)
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. 13039 OF 2024
2
JUDGMENT
When this matter was called today, the learned Standing Counsel for the respondent - Padiyotchal Service Co-operative Bank Ltd, submitted that the loan account of the petitioner involved in this case can be settled for a total amount of Rs.14,16,548/-, which is the sum outstanding therein as on 11.04.2024, along with all applicable charges and interest, provided same is paid by him in not more than 15 equal monthly installments.
2. The learned counsel for the petitioners - Sri.Sreekanth.S.Nair, 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 petitioner to pay off the aforementioned amount, along with all applicable charges and interest, in 15 equal monthly installments commencing from 01.06.2024. WP(C) NO. 13039 OF 2024 3 Needless to say, if the amounts as afore are paid by the petitioner, the account will stand closed and the Padiyotchal Service Co-operative Bank will return to him 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 him and the Bank will be at full liberty to pursue further action pursuant to Ext.P4, 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 Ext.P4 will stand deferred.
SD/-
DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO. 13039 OF 2024 4 APPENDIX OF WP(C) 13039/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF MEDICAL CERTIFICATE DATED 13.02.2023 ISSUED FROM JYOTHI'S EYE CARE CLINIC TO THE PETITIONER.
Exhibit P2 TRUE COPY OF LETTER DATED 27.09.2023 ISSUED FROM JYOTHI'S EYE CARE CLINIC TO THE PETITIONER.
Exhibit P3 TRUE COPY OF LETTER DATED 31.08.2022 ISSUED FROM DR. JOSSY'S HOMOEOPATHY TO THE PETITIONER'S WIFE.
Exhibit P4 TRUE COPY OF NOTICE DATED 11.03.2024 ISSUED BY THE RESPONDENT TO THE PETITIONER. Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 12.03.2024 FILED BEFORE THE LOCAL MLA.
Exhibit P6 TRUE COPY LETTER DATED 20.03.2024 FILED BY THE PETITIONER'S WIFE TO THE ASSISTANT REGISTER CO-OPERATIVE SOCIETY.