Viju .L.V vs Amballoor Service Co-Operative Bank ...

Citation : 2024 Latest Caselaw 10611 Ker
Judgement Date : 11 April, 2024

Kerala High Court

Viju .L.V vs Amballoor Service Co-Operative Bank ... 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. 13199 OF 2024
PETITIONER:

          VIJU L.V, AGED 48 YEARS,
          S/O VELAYUDHAN LANGADAN HOUSE,
          VARAKKARA VARANDARAPPILLY PO
          VARANDARAPPILLY, TRISSUR DISTRICT,
          PIN - 680303.

          BY ADVS.
          M.BAIJU NOEL
          T.S.LIKHITHA
          JITHIN T.P.


RESPONDENT:

          AMBALLOOR SERVICE CO-OPERATIVE BANK LTD
          REPRESENTED BY AUTHORISED OFFICER
          VARAKKARA, THRISSUR DISTRICT, PIN - 680325.

          BY ADV P.C. SASIDHARAN, SC


     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. 13199 OF 2024
                                 -2-

                            JUDGMENT

When this matter was called today, Sri.P.C.Sasidharan - learned Standing Counsel for the respondent Bank submitted that, if the petitioner is interested, he can be allowed to pay off the total amount in his loan account, which is a sum of Rs.22,85,834/- as on 04.04.2024, along with all applicable charges and interest, provided he pays the same in not more than 10 equal monthly installments.

2. Sri.M.Baiju Noel - learned counsel for the petitioner, accepted the afore suggestion.

Taking note of the afore submissions, I allow this writ petition, permitting the petitioner to pay off the aforementioned amount, along with all applicable charges and interest, in 10 equal monthly installments, commencing from 01.06.2024.

WP(C) NO. 13199 OF 2024 -3- Needless to say, if the petitioner continues to pay as afore, all action pursuant to Exts.P1 and P2 will stand deferred; but if he defaults payment of any two installments as ordered above, necessary action for recovery can be taken forward, without having to obtain further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 13199 OF 2024 -4- APPENDIX OF WP(C) 13199/2024 PETITIONER EXHIBITS EXHIBIT -P1 TRUE COPY OF THE NOTICE UNDER RULE 81(E) FORUM 8 OF KERALA CO-OPERATIVE SOCIETIES ACT DATED 22.02.2023 ISSUED BY THE RESPONDENT EXHIBIT -P2 TRUE COPY OF THE AUCTION ADVERTISEMENT NOTICE DATED 22.02.2024 ISSUED BY THE RESPONDENT