E. George Varghese vs Trikadithanam Service Co-Operative ...

Kerala High Court

E. George Varghese vs Trikadithanam Service Co-Operative ... on 22 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                        WP(C) NO. 2298 OF 2024
PETITIONERS:

    1     E. GEORGE VARGHESE, AGED 77 YEARS,
          S/O E.G. GEORGE, EDATHARA HOUSE, PULICKALKAVALA,
          CHANGANACHERRY P.O, KOTTAYAM, PIN - 686105.

    2     THRESSIAMMA VARGHESE, AGED 55 YEARS,
          W/ O. GEORGE VARGHESE EDATHARA HOUSE, PULICKALKAVALA
          CHANGANACHERRY P 0 KOTTAYAM, PIN - 686105.

          BY ADV LAVARAJ M.G.


RESPONDENTS:

    1     TRIKADITHANAM SERVICE CO-OPERATIVE BANK
          THRICKODITHANAM P O CHANGANCHERRY KOTTAYAM
          REPRESENTED BY BRANCH MANAGER, PIN - 686105.

    2     BRANCH MANAGER
          TRIKADITHANAM SERVICE COOPERATIVE BANK
          THRIKADITHANAM P O CHANGANCHERRY
          KOTTAYAM, PIN - 686105.

    3     THE ASSISTANT REGISTRAR
          CO-OPERATIVE SOCIETY CHANGANCHERRY
          KOTTAYAM, PIN - 686105.

          BY ADV O.D.SIVADAS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.05.2024, ALONG WITH WP(C).2345/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C)Nos.2298 & 2345/2024
                              -2-



         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                  WP(C) NO. 2345 OF 2024
PETITIONERS:

   1      E. GEORGE VARGHESE, AGED 77 YEARS
          S/O E.G. GEORGE, EDATHARA HOUSE,
          PULICKALKAVALA, CHANGANACHERRY P O,
          KOTTAYAM, PIN - 686105.

   2      THRESSIAMMA VARGHESE, AGED 55 YEARS
          W/O. GEORGE VARGHESE EDATHARA HOUSE,
          PULICKALKAVALA CHANGANACHERRY P 0
          KOTTAYAM, PIN - 686105.

          BY ADV LAVARAJ M.G.
RESPONDENTS:

   1     TRIKADITHANAM SERVICE CO-OPERATIVE BANK
         THRICKODITHANAM P O CHANGANCHERRY-
         REPRESENTED BY BRANCH MANAGER, PIN - 686105.

   2     BRANCH MANAGER, TRIKADITHANAM SERVICE CO-
         OPERATIVE BANK THRIKADITHANAM P O,
         CHANGANCHERRY, PIN - 686105.

   3     THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY,
         CHANGANACHENY, PIN - 686101.

         BY ADV.O.D.SIVADAS
         SMT.MABLE C.KURIAN, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.05.2024, ALONG WITH WP(C).2298/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)Nos.2298 & 2345/2024
                                   -3-

                              JUDGMENT

[WP(C) Nos.2298/2024, 2345/2024] Sri.Lavaraj M.G. - learned counsel for the petitioners, pleaded that, though his clients have not been able to comply with the interim order of this Court dated 19.01.2024, they be given one more opportunity to pay off the entire loan liability in instalments; offering they will remit the amounts ordered by this Court within the shortest period of time.

2. Sri.O.D.Sivadas - learned counsel for respondents 1 and 2, in response to the afore request of the petitioners, submitted that the total outstanding in the loan account of the 1 st petitioner is Rs.16,50,596/-; while that in the account of the 2nd petitioner is Rs.33,16,094/- both as on 22.05.2024; and that, if they remit two lakhs each, as ordered by this Court earlier, within a period of one month, the WP(C)Nos.2298 & 2345/2024 -4- balance can be allowed to be paid off in not more than 12 equal monthly installments.

3. The learned counsel for the petitioners accepted the afore suggestion.

`In view of the afore, I allow these Writ Petitions with the following directions:

(a) The petitioners will remit an amount of Rs.2 lakhs each to their respective loan accounts with the Bank, on or before 20.06.2024.

(b) On the afore being done, petitioners will be at liberty to pay off the balance in their respective loan accounts, which is stated to be Rs.16,50,596/- (Rupees sixteen lakhs fifty thousand five hundred and ninety six only) in the case of the 1st among them; and Rs.33,16,094/- (Rupees thirty three lakhs sixteeen thousand ninety four only) in the case of the second as on 22.05.2024, along with all applicable charges and interest in not more than WP(C)Nos.2298 & 2345/2024 -5- 12 equal monthly instalments, commencing from 20.07.2024.

(c) Needless to say, if the petitioners continue to pay as afore, all action pursuant to Ext.P1 in both cases will stand deferred; but if they default payment of any two instalments as ordered above, necessary action pursuant thereto can be taken forward, without having to obtain further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C)Nos.2298 & 2345/2024 -6- APPENDIX OF WP(C) 2345/2024 PETITIONER EXHIBITS EXHIBIT P1 THE NOTICE DATED 28/03/2023 ISSUED BY THE ASSISTANT REGISTRAR OF THE CO- OPERATIVE SOCIETY EXHIBIT P2 THE LETTER DATED 29/09/2023 SENT BY THE PETITIONERS WP(C)Nos.2298 & 2345/2024 -7- APPENDIX OF WP(C) 2298/2024 PETITIONER EXHIBITS EXHIBIT P1 THE NOTICE DATED 28/03/2023 ISSUED BY THE ASSISTANT REGISTRAR OF THE CO- OPERATIVE SOCIETY EXHIBIT P2 THE LETTER DATED 29/09/2023 SENT BY THE PETITIONERS