Kerala High Court
Abdul Basith.K vs Sale Officer 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. 13040 OF 2024
PETITIONER/S:
ABDUL BASITH.K
AGED 24 YEARS
S/O MUHAMMED ALI, KODAKKATTU HOUSE, FAROOQ NAGAR,
KODINHI P.O, MALAPPURAM DISTRICT, PIN - 676309
BY ADVS.
SALIM V.S.
K.MUHAMMED THOYYIB
N.M.SIDHIC
A.M.FOUSI
A.B.AJIN
RESPONDENT/S:
1 SALE OFFICER
NANNAMBRA SERVICE CO-OPERATIVE BANK LTD, KODINHI P.O,
MALAPPURAM DISTRICT., PIN - 676309
2 NANNAMBRA SERVICE CO-OPERATIVE BANK LTD
REPRESENTED BY ITS SECRETARY, KODINHI P.O, MALAPPURAM
DISTRICT., PIN - 676309
BY ADV M.SASINDRAN
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. 13040 OF 2024
2
JUDGMENT
When this matter was called today, the learned Standing Counsel for the 2nd respondent - Nannambra 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.38,56,177/-, which is the sum outstanding therein, as on 09.04.2024, along with all applicable charges and interest, provided same is paid by him in not more than 24 equal monthly installments.
2. The learned counsel for the petitioners - Sri.Salim.V.S, 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 24 equal monthly installments commencing from 01.06.2024.
Needless to say, if the amounts as afore are WP(C) NO. 13040 OF 2024 3 paid by the petitioner, the account will stand closed and the Nannambra Service Co-operative Bank will return to him 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 him and the Bank will be at full liberty to pursue further action pursuant to Exts.P1 to P3, 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.P1 to P3 will stand deferred.
Sd/-
DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO. 13040 OF 2024 4 APPENDIX OF WP(C) 13040/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 21.02.2024 FOR THE SALE OF THE SECURED ASSETS WAS ISSUED BY THE 1ST RESPONDENT, SALE OFFICER. Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 15.03.2024 ISSUED BY THE 1ST RESPONDENT SALE OFFICER, ATTACHED TO THE ASSISTANT REGISTRAR (GENERAL) OFFICE, THIRURANGADI.
Exhibit P3 THE TRUE COPY OF THE NOTICE IN FORM NO.9 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
Exhibit -P4 THE TRUE COPY OF THE REPRESENTATION DATED 25.03.2024 SUBMITTED BEFORE THE 2ND RESPONDENT .