Kerala High Court
T.P.Rajagopal vs Kerala State Co-Operative Bank Ltd 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. 12985 OF 2024
PETITIONER/S:
T.P.RAJAGOPAL
AGED 67 YEARS
S/O.PARAMESWARAN PILLA, PALLITTAYIL HOUSE, CHIRAKKADAVU
EAST P.O., CHIRAKKADAVU VILLAGE, KANJIRAPPALLY TALUK,
KOTTAYAM DISTRICT, PIN - 686506
BY ADVS.
C.HARINDRAMOHAN NAIR
SEBASTIAN JOSEPH (KURISUMMOOTTIL)
RESPONDENT/S:
1 KERALA STATE CO-OPERATIVE BANK LTD.
P.B.NO.6515, COBANIC TOWERS, PALAYAM,
THIRUVANANTHAPURAM,, REPRESENTED BY ITS GENERAL
MANAGER, PIN - 695033
2 DEPUTY GENERAL MANAGER, KERALA STATE CO-OPERATIVE BANK
LTD.,KOTTAYAM REGIONAL OFFICE, P.B.NO.140, CENTRAL
JUNCTION, KOTTAYAM,, PIN - 686001
3 DISTRICT COLLECTOR
KOTTAYAM COLLECTORATE P.O., KOTTAYAM., PIN - 686001
4 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, KERALA SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY ADV.SRI.ATHUL SHAJI
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. 12985 OF 2024
2
JUDGMENT
The petitioner says that he is willing to pay off the entire liability in the loan account availed of by him from the 1 st respondent Bank within three months, by Private sale of the secured property.
2. Sri.Athul Shaji, the learned Standing Counsel for the respondent-Bank, responded to the afore request of the petitioner, as made by his learned counsel-Sri.C.Harindramohan Nair, saying that the petitioner can approach the Bank for a one-time settlement, but not under any scheme, because the last one had already expired. He added that he can also be allowed to pay off the total liability in the loan account, which is to a sum of Rs.20,37,557/- as on 11.04.2024, in few instalments.
3. Sri.C.Harindramohan Nair, the learned counsel for the petitioner submitted that his client will approach the Bank with a representation requesting either of the afore and WP(C) NO. 12985 OF 2024 3 prayed that the same be directed to be disposed of, before the secured asset is put to sale.
Taking note of the afore submissions, I allow this writ petition in the following manner:
(a) The petitioner is at liberty to approach the respondent Bank with an apposite representation-either seeking settlement of the loan account by sale of the secured asset, or to pay off the total outstanding in instalments; and if this is done within a period of three weeks from the date of receipt of a copy of this judgment, the same shall be considered by the competent authority of the Bank and the resultant order communicated to the petitioner, without any avoidable delay thereafter.
(b) Needless to say, until such time as the afore is done and the resultant order communicated to the petitioner, the sale if any, conducted pursuant to Ext.P3, shall not be confirmed; and if the petitioner is to abide by the directions to be issued by the Bank resultant to the afore directions, then the same shall be cancelled and WP(C) NO. 12985 OF 2024 4 he be permitted either to settle the account; or pay off the outstanding in instalments-as the case may be.
Sd/-
DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO. 12985 OF 2024 5 APPENDIX OF WP(C) 12985/2024 PETITIONER EXHIBITS Exhibit - P1 TRUE COPY OF THE NOTICE, DATED 18.10.2023, ISSUED TO THE PETITIONER, BY THE KANJIRAPPALLY BRANCH MANAGER. Exhibit - P2 TRUE COPY OF THE REPLY, DATED 1.2.2024, ISSUED BY THE SECOND RESPONDENT. Exhibit - P3 TRUE PHOTOGRAPH OF THE BANNER IN THE PROPERTY OF THE PETITIONER, THAT IT IS GOING TO BE SOLD ON 27.03.2024, AS SALE NOTICES WERE PUBLISHED IN DESABHIMANI DAILY AND INDIAN EXPRESS DAILY.