Kerala High Court
Mini Rob George vs Kanjirapally Service 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. 12306 OF 2024
PETITIONER/S:
MINI ROB GEORGE
AGED 54 YEARS
W/O. GEORGE DOMINIC. K., KANIKUNNEL HOUSE,
THAMBALAKKAD. P.O., KOTTAYAM, PIN - 686506
BY ADVS.
C.P.UDAYABHANU
NAVANEETH.N.NATH
RASSAL JANARDHANAN A.
RESPONDENT/S:
1 KANJIRAPALLY SERVICE CO-OPERATIVE BANK LTD.
NO. 2061, REPRESENTED BY ITS SECRETARY, KANJIRAPPILLY
P.O., KOTTAYAM DISTRICT,, PIN - 686507
2 SPECIAL SALE OFFICER, KANJIRAPALLY
SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL), KANJIRAPALLY, PIN -
686507
3 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), KANJIRAPALLY, PIN - 686507
4 REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM, PIN - 695601
BY ADV P.C SASIDHARAN
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. 12306 OF 2024
2
JUDGMENT
When this matter was called today, the learned Standing Counsel for the 1st respondent - Kanjirapally 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.31,01,199/-, 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 18 equal monthly installments.
2. The learned counsel for the petitioner - Sri.C.P.Udayabhanu, 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 18 equal monthly installments commencing from 01.06.2024.
Needless to say, if the amounts as afore are WP(C) NO. 12306 OF 2024 3 paid by the petitioner, the account will stand closed and the Kanjirapally 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 Exts.P3 and P4, 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 Exts.P3 and P4 will stand deferred.
Sd/-
DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO. 12306 OF 2024 4 APPENDIX OF WP(C) 12306/2024 PETITIONER EXHIBITS Exhibit P1 COPY OF COMPLAINT FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13/04/2021 WHICH WAS NUMBERED AS ARC NO. 233/21 Exhibit P2 COPY OF THE EXPARTE AWARD PASSED BY THE 2ND RESPONDENT IN ARC NO. 233/21 DATED 26/08/2022 Exhibit P3 COPY OF THE DEMAND NOTICE DATED 02/08/2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P4 COPY OF THE DEMAND NOTICE DATED 05/10/2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P5 COPY OF THE NOTICE RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT DATED 27/11/2023 Exhibit P6 COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 30/12/2023