Anilkumar T vs The Sales Officer
2021 Latest Caselaw 15803 Ker

WP(C) NO. 9095 OF 2021                 1

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                      WP(C) NO. 9095 OF 2021
PETITIONER/S:
    1    ANILKUMAR T, AGED 49 YEARS
         S/O. THULASIDHARAN, ANIL BHAVAN, 9-414,
         PULLACHALKONAM, OTTASEKHARAMANGALAM, P.O.,
         KEEZHAROOR, OTTASEKHARAMANGALAM,
         THIRUVANANTHAPURAM, PIN-685124.

    2     SIVAKALA.S., AGED 47 YEARS
          W/O. ANILKUMAR.T., ANIL BHAVAN, 9-414,
          PULLACHALKONAM, OTTASEKHARAMANGALAM,P.O.,
          KEEZHAROOR, OTTASEKHARAMANGALAM,
          THIRUVANANTHAPURAM,PIN-695125.

          BY ADV A.CHANDRA BABU


RESPONDENT/S:
    1   THE SALES OFFICER
        KATTAKKADA PRIMARY CO-OPERATIVE GRAMIN BANK,
        KATTAKADA TALUK, THIRUVANANTHAPURAM.

    2     THE BRANCH MANAGER,
          NEYYATTINKARA CO-OPERATIVE KARWSHIKA
          GRAMINBANK, NEYYATINKARA, THIRUVANANTHAPURAM.

*ADDL.R3 KATTAKADA PRIMARY CO-OPERATIVE AGRICULTURAL AND
         RURAL DEVELOPMENT BANK LTD NO.T.2037,
         REPRESENTED BY ITS SECRETARY-IN-CHARGE,
         MALAYINKEEZHU P.O., THIRUVANANTHAPURAM-695571.
         *ADDL.R3 IS IMPLEADED AS PER ORDER DATED
         30.07.2021 IN IA.NO.1/2021 IN W.P.(C)NO.9095/2021

          BY ADVS.
          T.R.HARIKUMAR
          ARJUN RAGHAVAN


     WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021,   THE   COURT   ON   THE       SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 9095 OF 2021                    2



                               JUDGMENT

The petitioners who are husband and wife have

approached this court apprehending sale of their property

which was mortgaged with the additional third respodnent for

availing a loan. The loan was defaulted. Contending that the

first petitioner had met with a road accident, sustained

serious injuries and that his business was on loss has

approached this court seeking reliefs. Accordingly, this court

by an interim order granted interim stay of further

proceedings pursuant to Ext.P2, subject to the condition that

a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand only)

shall be remitted. The petitioners have complied with the

above order. According to the learned counsel for the third

respondent, the liability as on today, after giving credit to the

amount deposited pursuant to the order of this court, is

Rs.5,00 345/- (Rupees five lakhs three hundred and forty five

only) as overdue amount. The total amount due is

Rs.9,05,000/- (Rupees nine lakhs five thousand only).

2. After hearing the learned counsel for the petitioners

and the learned counsel for the third respondent, I am

inclined to dispose of the Writ Petition by giving limited relief

to the petitioners as follows:

3. The petitioners shall pay and discharge the entire

overdue amount of Rs.5,00,345/- (Rupees five lakhs three

hundred and forty five only) in 18 equal installemtns

commencing from 01.09.2021. They shall also continue to

pay the monthly EMI which is they are otherwise liable to pay.

If any default is committed, this benefit will be lost and the

third respodnent will be entitled to iniate appropraite

proceedings for the recovery of the amount by due process of

law without any further notice. It is submitted by the learned

counsel for the petitioners that certain benefit has been

extended by Agricultural Debt Relief Commission. If the

petitioners are entitled for such benefit, if any, that shall also

be considered by the third respondent bank.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE R.AV

APPENDIX OF WP(C) 9095/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR COMPENSATION IN OP MV NO. 1128/2019 FILED BEFORE THE HONBLE MOTOR, ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 26.02.2021 IS ISSUED BY THE 1ST RESPONDENT.