Muraleedharan vs The Service Co - Operative Bank Payyoli

Kerala High Court

Muraleedharan vs The Service Co - Operative Bank Payyoli on 23 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       WP(C) NO. 41593 OF 2023
PETITIONERS:

    1       MURALEEDHARAN, AGED 55 YEARS
            S/O UNNI KANNHAN, VATHIL HOUSE,
            THURAYURAMSOM, ITINGATH DESOM, KOYILANDY,
            KOZHIKODE DISTRICT, PIN - 673614.

    2       SHYLAJA, AGED 50 YEARS, S/O UNNI KANNHAN,
            VATHIL HOUSE, THURAYURAMSOM, ITINGATH DESOM,
            KOYILANDY, KOZHIKODE DISTRICT-, PIN - 673614.

    3       JAYAN, AGED 45 YEARS, S/O UNNI KANNHAN,
            VATHIL HOUSE, THURAYURAMSOM, ITINGATH DESOM,
            KOYILANDY, KOZHIKODE DISTRICT-, PIN - 673614.

            BY ADV S.K.ADHITHYAN


RESPONDENT:

            THE SERVICE CO - OPERATIVE BANK PAYYOLI
            REPRESENTED BY ITS SECRETARY SERVICE CO-OPERATIVE BANK
            PAYYOLI, KOZHIKODE DISTRICT-, PIN - 673614.

            BY ADVS.FAZIL P
            V.S.SREEJITH(K/000994/2001)
            JAYASREE MANOJ(J-124)
            SAJU THALIATH(K/429/1995)
            JITHIN PAUL VARGHESE(K/940/2009)
            R.N.RANJITH(K/221/1998)
            C.PRABITHA(K/528/2009)
            FADIL FAZIL(K/1842/2021)
            ASWATHY JAYACHANDRAN(K/994/2022)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41593 OF 2023
                             -2-

                       JUDGMENT

When this matter was called today, Sri.Fadil Fazil - learned counsel for the respondent, submitted that, even though the petitioners have not complied with the directions of this Court dated 23.04.2024 (however, conceding that the first order dated 11.02.2023 has been honoured), if they are interested, his client is willing to offer them another opportunity to pay off the total amount in their loan account, which is a sum of Rs.17,48,775/- as on 23.05.2024, in installments, along with all applicable charges and interest, provided they pay an amount of Rs.2 lakhs on or before 15.06.2024.

2. Sri.S.K.Adhithyan - learned counsel for the petitioners, accepted the afore WP(C) NO. 41593 OF 2023 -3- suggestion.

Taking note of the afore submissions, I allow this writ petition with the following directions:

(a) The petitioners will pay an amount of Rs.2 lakhs to the respondent on or before 15.06.2024.

(b) If the afore payment is made, then the petitioners will be at liberty to pay off the balance amount in their loan account, along with all applicable charges and interest, in 15 equal monthly installments, commencing from 20.07.2024.

(c) Needless to say, if the petitioners continue to pay as afore, all action pursuant to Ext.P1 will stand deferred; but if they default payment of any two installments as WP(C) NO. 41593 OF 2023 -4- 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) NO. 41593 OF 2023 -5- APPENDIX OF WP(C) 41593/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE FOR PROCLAMATION OF SALE DATED 20/11/2023