Vidyavathi vs The Pathanapuram Primary Co-Operative ...

Kerala High Court

Vidyavathi vs The Pathanapuram Primary Co-Operative ... on 21 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       WP(C) NO. 13500 OF 2024


PETITIONER:

            VIDYAVATHI, AGED 60 YEARS
            BINU BHAVAN, ELICODU P.O,
            VILAKKUDY, PATHANAPURAM,
            KOLLAM, PIN - 691508

            BY ADV M.R.SARIN


RESPONDENTS:

    1       THE PATHANAPURAM PRIMARY CO-OPERATIVE AGRICULTURAL
            AND RURAL DEVELOPMENT BANK, RURAL DEVELOPMENT BANK,
            LTD.NO. 995, PATHANAPURAM P.O, ANCHAL, KOLLAM
            REPRESENTED BY ITS SECRETARY., PIN - 691306

    2       THE SECRETARY, THE PATHANAPURAM PRIMARY CO-OPERATIVE
            AGRICULTURAL AND RURAL DEVELOPMENT BANK, LTD.NO. 995,
            PATHANAPURAM P.O, ANCHAL, KOLLAM, PIN - 691306


            SRI R KRISHNAKUMAR(CHERTHALA)-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 13500/24
                                           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.1,15,500/-, 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.Sarin 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 15 equal monthly installments commencing from 15.07.2024.

Needless to say, if the amounts as afore are paid by the petitioner, the account will stand closed and the Bank will return to her all security documents as are necessary; but, if on the contrary, any two installments are defaulted, the benefit of this judgment will be lost to her and the Bank will be at full liberty to WPC 13500/24 3 pursue further action pursuant to Ext.P1, 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.P1 will stand deferred.

Sd/-

RR                                     DEVAN RAMACHANDRAN
                                             JUDGE
 WPC 13500/24
                                4

                APPENDIX OF WP(C) 13500/2024

PETITIONER EXHIBITS
Exhibit P1          THE TRUE COPY OF DEMAND NOTICE OF L. NO.
                    NRHS   3585/21-22   ISSUED  BY  THE   2ND

RESPONDENT UNDER RULE 19(2) (B) OF KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK ACT TO THE PETITIONER DATED ON 10.04.2023