Kerala High Court
Lovely Shaiju vs Nellai Parappukkara Service ... 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. 6282 OF 2024
PETITIONER:
LOVELY SHAIJU
AGED 42 YEARS
W/O SHAIJU, MACHINGIL HOUSE, PANTHALOOR DESOM, NELLAYI
VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,, PIN -
680305
BY ADVS.
ABRAHAM MATHAN
P.P.HARRIS
RESPONDENTS:
1 NELLAI PARAPPUKKARA SERVICE CO-OPERATIVE BANK
LTD..R.NO.460, R.NO.460, IX/109 NELLAYI, NELLAYI P O,
THRISSUR DISTRICT, KERALA STATE, PIN: 680305 REPRESENTED
BY ITS MANAGER, PIN - 680305
2 SPECIAL SALE OFFICER, IRINJALAKUDA TOWN CO-OPERATIVE BANK
GROUP, CO-OPERATIVE SOCIETY ASST.REGISTRAR (GENERAL)
OFFICE, MUKUNDAPURAM THRISSUR DISTRICT,, PIN - 680003
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)(K/000570/1979)
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. 6282 OF 2024
2
JUDGMENT
When this matter was called today, Smt.Nisha George - learned Standing Counsel for the 1st respondent - 'Nellai Parappukkara Service Co- operative Bank Ltd' ("Bank" for short), submitted that the loan account of the petitioner involved in this case can be settled for a total amount of Rs.36,04,418/-, as on 11.04.2024, along with all applicable charges and interest, provided same is paid by her in not more than 20 equal monthly installments.
2. The learned counsel for the petitioner - Sri.Abraham Mathan, 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 applicable charges and interest, in 20 equal monthly WP(C) NO. 6282 OF 2024 3 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 her 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 her and the Bank will be at full liberty to pursue further action pursuant to Exts.P2 and 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 Exts.P2 and P3 will stand deferred.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 6282 OF 2024 4 APPENDIX OF WP(C) 6282/2024 PETITIONER'S EXHIBITS:
Exhibit -P1 TRUE COPY OF THE AGREEMENT FOR SALE BETWEEN MOHAN AND AITHA AND THE PETITIONER DATED 19.11.2020 Exhibit -P2 TRUE COPY OF THE FORM NUMBER 6 NOTICE ISSUED BY THE 2ND RESPONDENT DATED NIL Exhibit P3 TRUE COPY OF THE LETTER DATED 01.02.2024 ISSUED BY THE SECOND RESPONDENT Exhibit -P4 TRUE COPY OF THE RECEIPT DATED 07.03.2024 HAVING UPI TRANSACTION I.D443338717601 FOR AN AMOUNT OF RS. 50,000/-
Exhibit -P5 TRUE COPY OF THE RECEIPT DATED 07.03.2024 HAVING UPI TRANSACTION I.D 406752231371 FOR AN AMOUNT OF RS. 50,000/-