Kerala High Court
Bindhu, W/O Tomy vs The General Manager Payyannur Co- ... 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. 8630 OF 2024
PETITIONER:
BINDHU, W/O TOMY
AGED 52 YEARS
KURYALANIKKAL, KAVUNTHALA, PALAVAYAL, THAYYENI
P.O.,KASARAGOD, KERALA, PIN - 670511
BY ADVS.
TITUS MANI
P.A.JACOB
BINNY THOMAS
SWAROOP A.P.
RESPONDENT:
THE GENERAL MANAGER PAYYANNUR CO- OPERATIVE TOWN BANK
PAYYANNUR, PIN - 670307
BY ADV MAHESH V RAMAKRISHNAN
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. 8630 OF 2024
2
JUDGMENT
When this matter was called today, Sri.Mahesh V.Ramakrishnan - learned counsel for the respondent
- 'Payyannur Co-operative Town Bank' ("Bank" for short), submitted that, if the petitioner is interested, she can be allowed to pay off the overdue amount in her 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 11.04.2024, is Rs.1,90,000/-; and that if this Court is so inclined, the petitioner can be allowed to pay off the said amount in not more than 10 instalments, provided she pays the same along with regular EMIs without default.
2. Sri.Titus Mani Vettom - 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 WP(C) NO. 8630 OF 2024 3 this Writ Petition and permit the petitioner to pay off the overdue amount of Rs.1,90,000/- as on 11.04.2024, along with all applicable charges and interest, in 10 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, her account will stand regularised; but should she default in payment of two instalments, as ordered by this Court, or any of the regular EMIs, then the benefit of this judgment will be lost to her; and necessary recovery action can be continued against her, without the Bank having to obtain any further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 8630 OF 2024 4 APPENDIX OF WP(C) 8630/2024 PETITIONER'S EXHIBITS:
Exhibit P-1(a) TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER'S HUSBAND Exhibit P-1 (b) TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER'S HUSBAND Exhibit P-1(c) TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER'S HUSBAND Exhibit P-2 A COPY OF THE SUMMONS ISSUED BY THE ARBITRATOR Exhibit P-3 A COPY OF THE AWARD IN NO. 1833/2023