Kerala High Court
Abdul Nazar M vs Asst.Registrar Of Co-Operative ... 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. 37204 OF 2022
PETITIONER:
ABDUL NAZAR M
AGED 54 YEARS
S/O.MAYINKUTTY, MULLAPPILLY, PALAZHI, G.A.COLLEGE P.O.,
KOZHIKODE, PIN - 673014
BY ADVS.
C.S.MANU
T.B.SIVAPRASAD
C.A.ANUPAMAN
DILU JOSEPH
C.Y.VIJAY KUMAR
MANJU E.R.
ANANDHU SATHEESH
ALINT JOSEPH
PAUL JOSE
RESPONDENTS:
1 ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
OFFICE OF THE ASST.REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES, KOZHIKODE, PIN - 673004
2 SPECIAL SALE OFFICER/ARBITRATOR
CHEVAYUR SERVICE CO-OPERATIVE BANK GROUP, OFFICE OF THE
ASST.REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES,
KOZHIKODE, PIN - 673004
3 CHEVAYUR SERVICE CO-OPERATIVE BANK LTD.NO.F1245
HEAD OFFICE NELLIKODE,CHEVARAMBALAM (PO), CALICUT, PIN -
673017
BY ADVS.
M.MANJU(K/003562/1999)
SRI.R.SUDHISH
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. 37204 OF 2022
2
JUDGMENT
When this matter was called today, Sri.R.Sudhish - learned Standing Counsel for the 3rd respondent - 'Chevayur Service Co-operative Bank Ltd.'("Bank"), submitted that the loan account of the petitioner involved in this case can be settled for a total amount of Rs.18,49,530/-, as on 11.04.2024, along with all applicable charges and interest, provided same is paid by him in not more than 18 equal monthly installments.
2. The learned counsel for the petitioner - Sri.C.S.Manu, accepted the afore suggestion.
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 WP(C) NO. 37204 OF 2022 3 applicable charges and interest, in 18 equal monthly installments commencing from 01.06.2024.
Needless to say, if the amounts as afore are paid by the petitioner, the account will stand closed and the Bank will return to him all security documents as are necessary; but, if on the contrary, any two 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.P3, without having to obtain further orders 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.P3 will stand deferred.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 37204 OF 2022 4 APPENDIX OF WP(C) 37204/2022 PETITIONER'S EXHIBITS:
Exhibit P-1 TRUE COPY OF THE PLAINT DATED 28-4-2018 IN ARC NO.1747 OF 2018 ON THE FILE OF THE 1ST RESPONDENT Exhibit P-2 TRUE COPY OF THE AWARD DATED 9-7-2018 PASSED BY THE 2ND RESPONDENT Exhibit P-3 TRUE COPY OF THE NOTICE DATED 18-10-2022 IN E.P.NO.3177/2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER