Kerala High Court
Jayasree P vs The Special Sales Officer on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 13236 OF 2024
PETITIONER:
JAYASREE P
AGED 43 YEARS
W/O SURESH KUMAR, KALOOR PUTHENVEEDU PERINGADU PO,
KUNNATHUKARA, PERIGADU (PART) ,PATHANAMTHITTA DISTRICT, PIN
- 691551
BY ADVS.
NEETHU SOMAN
FRANKLIN ARACKAL
SREEGANESH U.
RESPONDENTS:
1 THE SPECIAL SALES OFFICER
PERINGANADU SERVICE CO OPERATIVE SOCIETY BANK LTD,
PERINGANDU, ADOOR,PATHANAMTHITTA, PIN - 691551
2 PERINGANDU SERVICE CO -OPERATIVE BANK LTD
PERINGANADU, ADOOR, PATHANAMTHITTA, REPRESENTED BY ITS
SECRETARY, PIN - 691551
3 THE BRANCH MANAGER
PERINGADU SERVICE CO-OPERATIVE BANK LTD, PERINGADU, ADOOR,
PATHANAMTHITTA,, PIN - 691551
OTHER PRESENT:
SRI.MANU RAMACHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13236 OF 2024
2
JUDGMENT
When this matter was called today, learned counsel for "Peringandu Service Co-operative Bank Ltd." ('Bank' for short), submitted that, the total outstanding in the Loan Account of the petitioner, as on 11.04.2024 is Rs.17,81,568/-; and that if she is willing to pay the same in not more than 15 equal monthly installments, his client will not stand in the way of this Court disposing of this writ petition on such terms.
2. Smt.Neethu Soman - learned counsel for the petitioner, fully agreed to the afore and prayed that this writ petition be thus ordered.
In the afore circumstances, I allow this writ petition, granting liberty to the petitioner to pay the total outstanding amount in the Loan Account, namely, Rs.17,81,568/- as on 11.04.2024, with all applicable charges and interest, in 15 equal monthly installments commencing from 01.06.2024. If this is done, the Bank shall close the loan account and return the security documents to her, on proper receipt.
Needless to say, as long as the petitioner pays as per the above directions, all further action pursuant to Exts.P2(a), P2(b) and P2(c) will stand deferred; but if she defaults payment of any two consecutive installments as ordered above, the Bank will be at full WP(C) NO. 13236 OF 2024 3 liberty to invoke appropriate remedies for recovery of the total balance amount as per law, without having to obtain any further orders from this Court.
SD/-
DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 13236 OF 2024 4 APPENDIX OF WP(C) 13236/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DOCUMENT NO.105/1/16 DATED 19/03/2016 OF SRO ADOOR Exhibit P2(a) TRUE COPY OF THE NOTICE DATED 12/02/2024 ISSUED BY THE 1ST RESPONDENT Exhibit P2(b) TRUE COPY OF THE NOTICE FOR AN AMOUNT OF RS.1077600 DATED 12/02/2024 ISSUED BY THE 1ST RESPONDENT Exhibit P2(c) TRUE COPY OF THE NOTICE IN ARC NO. 656/18 DATED 12/02/2024 ISSUED BY THE 1ST RESPONDENT