Kerala High Court
Sajeev P K vs Special Sale 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. 14737 OF 2024
PETITIONER:
SAJEEV P K
AGED 47 YEARS
PULIKKILEDATH(H) KANALMUPPU SANTHANPARA PETHOTTY,
UDUMBANCHOLA, IDUKKI DISTRICT, PIN - 685619
BY ADVS.
MEERA J. MENON
DHEERAJ BABY
NANDITHA S.
MEENAKSHY R.
RESPONDENTS:
1 SPECIAL SALE OFFICER
OFFICE OF ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
MCARD BANK LTD. NO. K. 352, O/O THE, UDUMBANCHOLA,
NEDUMKANDAM, IDUKKI DISTRICT, PIN - 685553
2 MALANAD COOPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK LTD
REPRESENTED BY ITS SECRETARY, NO.K 352, NEDUMKANDAM,
IDUKKI DISTRICT, PIN - 685553
BY ADVS.
JASMINE V.H.
GILDA DAVIS(K/001134/2024)
JOHIN JOHNSON(K/000645/2024)
JIBI JOHNSON(K/000447/2024)
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. 14737 OF 2024 2
JUDGMENT
When this matter was called today, Smt.V.H.Jasmine - learned Standing Counsel for the 2nd respondent - Bank, submitted that, the total outstanding in the loan account of the petitioner, as on 12.04.2024, is Rs.10,74,893/-; and that if he is willing to pay the same in not more than 20 equal monthly installments, her client will not stand in the way of this Court disposing of this writ petition on such terms.
2. Smt.Meera J.Menon - 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.10,74,893/- as on 12.04.2024, with all applicable charges and interest, in 20 equal monthly installments commencing from 01.06.2024. If this is done, the 2nd respondent - Bank shall close the loan account and return the security documents to him, on proper receipt.
Needless to say, as long as the petitioner pays as per the above directions, all further action pursuant to Exts.P1 & P2 will stand deferred; but if he defaults payment of two installments as ordered above, the 2nd respondent - Bank will be at full liberty to invoke WP(C) NO. 14737 OF 2024 3 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 MC/16.4 WP(C) NO. 14737 OF 2024 4 APPENDIX OF WP(C) 14737/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT IN DATED 19/02/2024.
Exhibit P2 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT DATED 20/03/2024 .