Kerala High Court
Podiyamma.K vs The Asst. Registrar 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. 12229 OF 2024
PETITIONER:
PODIYAMMA.K.
AGED 85 YEARS
R.S.BHAVAN, PODIYADI P.O. VTC, NEDUMPURAM,
PATHANAMTHITTA., PIN - 689110
BY ADV E.V.MOLY
RESPONDENTS:
1 THE ASST. REGISTRAR,
THIRUVALLA CO-OPERATIVE BANK LTD, CHEMBOLIMUKKU,
M.C.ROAD, THIRUVALLA, PIN - 689102
2 THE SECRETARY,
NEDUMPURAM SERVICE CO-OPERATIVE BANK LTD., THIRUVALLA,
PATHANAMTHITTA, PIN - 689110
BY ADVS.
T.P.PRADEEP
P.K.SATHEES KUMAR(K/607/2012)
R.K.PRASANTH(K/000475/2017)
MINIKUMARY M.V.(K/118/2019)
JIJO JOSEPH(K/000402/2022)
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.12229 OF 2024
2
JUDGMENT
When this matter was called today, the learned Standing Counsel for the 2nd respondent - Nedumpuram 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.3,74,718/-, which is the sum outstanding therein, as on 06.04.2024, 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.E.V.Moly, 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 20 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 WP(C) NO.12229 OF 2024 3 closed and the Nedumpuram Service Co-operative Bank will return to her 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 her and the Bank will be at full liberty to pursue further action pursuant to Ext.P2, 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.P2 will stand deferred.
sd/-
DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO.12229 OF 2024 4 APPENDIX OF WP(C) 12229/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PETITION DATED 31.12.2022 FILED BY THE 1ST RESPONDENT Exhibit P2 THE TRUE COPY OF THE AWARD IN ARC.NO.471 DATED 31.07.2023 PASSED BY THE ARBITRATOR