Kerala High Court
Anitha vs Poomangalam 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. 12700 OF 2024
PETITIONER/S:
ANITHA
AGED 54 YEARS
W/O SUDHAKARAN, VADASSERRY HOUSE, POOMANGALAM VILLAGE,
ARIPALAM P.O., MUKUNDAPURAM TALUK, THRISSUR., PIN -
680688
BY ADV RAJESH CHAKYAT
RESPONDENT/S:
1 POOMANGALAM SERVICE CO -OPERATIVE BANK LTD NO.R-712
POOMANGALAM P.O., THRISSUR DISTRICT. REP. BY ITS
SECRETARY., PIN - 680688
2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
MUKUNDAPURAM, ASST. REGISTRAR OF CO-OPERATIVE SOCIETY
(GENERAL) OFFICE IRINJALAKUDA P.O., MUKUNDAPURAM,
THRISSUR., PIN - 680121
3 THE SPECIAL SALE OFFICER
IRINJALAKUDA SCB GROUP, ASST. REGISTRAR OF CO-OPERATIVE
SOCIETY (GENERAL) OFFICE, IRINJALAKUDA P.O.,
MUKUNDAPURAM, THRISSUR., PIN - 680121
BY ADVS.
SRI.K.JAGADEESH
SRI.V.RENJU
SRI.NIKHEL K GOPINATH
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. 12700 OF 2024
2
JUDGMENT
When this matter was called today, the learned Standing Counsel for the 1st respondent - Poomangalam 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.6,02,980/-, which is the sum outstanding therein, as on 11.04.2024, along with all applicable charges and interest, provided same is paid by her in not more than 15 equal monthly installments.
2. The learned counsel for the petitioner - Sri.Rajesh Chakyat.C, 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 15 equal monthly installments commencing from 01.06.2024. WP(C) NO. 12700 OF 2024 3 Needless to say, if the amounts as afore are paid by the petitioner, the account will stand closed and the Poomangalam 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.P1, 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.P1 will stand deferred.
Sd/-
DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO. 12700 OF 2024 4 APPENDIX OF WP(C) 12700/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE NOTICE DATED 21.02.2024 BY THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 19.03.2024 AND ITS POSTAL RECEIPT