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Kerala High Court
T R Rajan vs The Edathirinji Service Co Operative ... 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. 6953 OF 2024
PETITIONER:
T R RAJAN, AGED 53 YEARS
S/O. RAMAN THEKKETHALAKKAL (H), EDATHIRINJI P O.,
CHATTIYAL, THRISSUR, PIN - 680122
K.JANARDHANA SHENOY
N.SATHEESH
ANJU DILEEP
PRIYA CAROL
ARYA M.A.
RESPONDENTS:
1 THE EDATHIRINJI SERVICE CO OPERATIVE BANK LTD NO.R.137
REPRESENTED BY ITS SECRETARY EDATHIRINJI P. O.,
THRISSUR, PIN - 680122
2 THE SECRETARY
THE EDATHIRINJI SERVICE CO OPERATIVE BANK LTD NO. R.
137, EDATHIRINJI P. O., THRISSUR, PIN - 680122
3 THE SPECIAL SALE OFFICER
KATTOOR SCB GROUP, ASSISTANT REGISTRAR (G), OFFICE,
MUKUNDAPURAN, THRISSUR, PIN - 691585
BY ADV M.SASINDRAN - SC
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. 6953 OF 2024
2
JUDGMENT
When this matter was called today, Sri.M.Sasindran appearing for the respondent - Society, submitted that the total outstanding in the loan account of the petitioner is Rs.8,72,826/- as on today (23.05.2024); and that the petitioner can pay off the same in not more than 15 equal monthly instalments.
2. Sri.K.Janardhana Shenoy - learned counsel for the petitioner, accepted the afore suggestion.
3. In the afore circumstances, this writ petition is allowed, permitting the petitioner to pay off the afore amount, along with all applicable charges and interest, in 15 equal monthly instalments, commencing from 25.06.2024.
Needless to say, if the petitioner does not comply with the directions in this judgment and cause default of any two instalments, he will lose the benefit of the declarations herein; and the Bank will be at liberty to initiate and pursue necessary action as per law, however, following due procedure, without having to obtain any further orders from this Court.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 6953 OF 2024 3 APPENDIX OF WP(C) 6953/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF RECEIPT DATED 04/01/2024 FOR AN AMOUNT OF RS. 1,60,090/- ISSUED BY RESPONDENT NO: 1 Exhibit P2 A TRUE COPY OF RECEIPT DATED 04/01/2024 FOR AN AMOUNT OF RS. 39,910/- ISSUED BY RESPONDENT NO: 1 Exhibit P3 A TRUE COPY OF FORM NO.8 NOTICE DATED 17/01/2024 UNDER RULE 81(E) OF KERALA COOPERATIVE SOCIETIES RULES, INTIMATING THE SALE OF IMMOVABLE PROPERTY Exhibit P4 A TRUE COPY OF NOTICE IN FORM 9 DATED 17/01/2024 UNDER RULE 81(E) OF KERALA COOPERATIVE SOCIETIES RULES, INTIMATING THE PETITIONER ABOUT THE SALE IMMOVABLE PROPERTY