Radhakrishnan .A.D vs The Mallappaly Primary ...
2021 Latest Caselaw 9302 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.4365 OF 2021(U)


PETITIONERS:

      1        RADHAKRISHNAN .A.D
               AGED 45 YEARS
               S/O DAIVATHAN,
               ANJAZHIMANNIL VEEDU,
               EZHUMATTOOR P O, MALLAPPALLY,
               PATHANAMTHITTA DISTRICT.

      2        AJITHAMOL C K
               W/O RADHAKRISHNAN,
               ANJAZHIMANNIL VEEDU,
               EZHUMATTOOR P O, MALLAPPALLY,
               PATHANAMTHITTA DISTRICT.

               BY ADVS.
               SRI.D.SAJEEV
               SMT.LIGEY ANTONY

RESPONDENTS:

      1        THE MALLAPPALY PRIMARY CO-OPERATIVE AGRICULTURAL AND
               RURAL DEVELOPMENT BANK LTD. NO . PT. 234
               MALLAPALLY WEST P O,
               PATHANAMTHITTA DISTRICT, PIN-689585,
               REPRESENTED BY THE SECRETARY.

      2        THE SECRETARY
               THE MALLAPPALY PRIMARY CO-OPERATIVE AGRICULTURAL AND
               RURAL DEVELOPMENT BANK LTD, NO.PT.234, MALLAPALLY
               WEST P O,
               PATHANAMTHITTA DISTRICT, PIN-689585.

      3        THE SPECIAL SALE OFFICER
               THE MALLAPPALY PRIMARY CO-OPERATIVE AGRICULTURAL AND
               RURAL DEVELOPMENT BANK LTD. NO.PT.234, MALLAPALLY
               WEST P O,
               PATHANAMTHITTA DISTRICT, PIN-689585.

               R1-2 BY ADV. SRI.VARUGHESE M EASO

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).4365/2021
                                      2




                               JUDGMENT

Learned counsel for the petitioner submits that, interim order has

been complied with. Learned counsel for the petitioner offers to pay the

entire overdue amount in 10 equal monthly installments. Learned

counsel for the respondents/bank was heard.

2. After hearing both sides, I am inclined to dispose of the Writ

Petition by directing the petitioner to pay the entire balance overdue

amount in 10 equal monthly installments, commencing from 03.05.2021

onwards. Each installment shall be remitted in the loan account on or

before the 3rd of every relevant month. If there is a default of two

installments consecutively or otherwise, this benefit will be lost and

respondents will be entitled to recover the entire amount in a lump.

Along with the overdue amount, the regular monthly installment shall

also be remitted. On successful deposit of the overdue amount,

respondents shall regularize the future installments thereafter. On

deposit of the first installment on 03.05.2021, bank shall give the

statement of the amount paid and that of the amount due.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                               JUDGE
 W.P(C).4365/2021





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE RELEVANT PAGES OF THE PASS

BOOK ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE LOAN LEDGER ISSUED BY THE 1ST RESPONDENT DATED 28/01/2021 EVIDENCING THE PAYMENT IN THE LOAN ACCOUNT.

EXHIBIT P3 TRUE COPY OF THE NOTICE OF SALE PROCLAMATION DATED 15.01.2021 ISSUED BY THE 3RD RESPONDENT.