Kerala High Court
Remanan vs The Special Sale Officer on 5 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 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 8494 OF 2024
PETITIONER:
REMANAN
AGED 65 YEARS
S/O. VELUTHAKUTTY, THODUVELI PADINJATTETHIL, NORTH
MYNAGAPPALLY, MYNAGAPPALLY, KOLLAM DISTRICT, PIN - 690519
BY ADV K.RAKESH
RESPONDENTS:
1 THE SPECIAL SALE OFFICER
MYNAGAPPALLY SERVICE COOPERATIVE BANK (SCB) GROUP, OFFICE
OF THE ASSISTANT REGISTRAR (GENERAL), SASTHAMCOTTA,
KOLLAM DISTRICT, PIN - 690521
2 THE MYNAGAPPALLY SERVICE COOPERATIVE BANK
NORTH MYNAGAPPALLY BRANCH, KOLLAM DISTRICT, REPRESENTED
BY ITS SECRETARY, PIN - 690519
BY ADVS.
K.SIJU SC
ANJANA KANNATH(K/939/2014)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.8494 OF 2024
2
JUDGMENT
When this matter was called today, the learned Standing Counsel for the respondent - Bank submitted that the loan account of the petitioner involved in this case can be settled for a total amount of Rs.7,22,336/-, as on 30.03.2024, along with all applicable charges and interest, provided same is paid by him in not more than 18 equal monthly installments.
2. The learned counsel for the petitioner - Sri.K.Rakesh, accepted the afore suggestion.
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 18 equal WP(C) NO.8494 OF 2024 3 monthly installments commencing from 15.05.2024.
Needless to say, if the amounts as afore are paid by the petitioner, the account will stand closed and the Bank will return to him all security documents as are necessary; but, if on the contrary, any two 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 Ext.P3, without having to obtain further orders 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.P3 will stand deferred.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO.8494 OF 2024 4 APPENDIX OF WP(C) 8494/2024 PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 11-07-2023 ISSUED BY THE 1ST RESPONDENT Exhibit P2 A TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER DATED 29-09-2022 ISSUED FROM PADMAVATHY MEDICAL FOUNDATION Exhibit P3 A TRUE COPY OF THE SALE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 15-01-2024