Muralidharan vs The Kallumkunnu Service ...
2021 Latest Caselaw 9766 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.7533 OF 2021(N)


PETITIONERS:

      1        MURALIDHARAN
               AGED 54 YEARS
               S/O. NARAYANAN, THARAYIL HOUSE,
               VELOOKKARA VILLAGE NDAVARAMBU
               THRISSUR-680 661.

      2        SHARATH
               S/O. MURALIDHARAN,
               THARAYIL HOSUE, VELOOKKARA VILLAGE,
               NDAVARAMBU THRISSUR-680 661.

               BY ADV. SHRI.L.RAM MOHAN

RESPONDENTS:

1 THE KALLUMKUNNU SERVICE CO-OPERATIVE BANK LTD., NADAVARAMBU THRISSUR-680 661 REPRESENTED BY ITS AUTHORIZED OFFICER.

2 THE SPECIAL SALES OFFICER V OFFICE ASSISTANT REGISTRAR (GENERAL) OPERATIVE SOCIETY MUKUNDAPURAM IRINJALAKUDA 680 121.

OTHER PRESENT:

SR.GP K.P HARISH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, ALONG WITH WP(C).7539/2021(N), WP(C).7545/2021(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No.7533 of 2021 and connected matters

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

WP(C).No.7539 OF 2021(N)

PETITIONER/S:

DEVADAS K.M.

AGED 58 YEARS S/O.MANIKYAN KALLINGAVALAPPIL HOUSE VELOOKKARA VILLAGE NDAVARAMBU, THRISSUR-680661

BY ADVS.

SHRI.L.RAM MOHAN SRI.M.AUBREY ABRAHAM ISAAC

RESPONDENT/S:

1 THE KALLUMKUNNU SERVICE CO-OPERATIVE BANK LTD., NADAVARAMBU THRISSUR-680 661 REPRESENTED BY ITS AUTHORIZED OFFICER.

2 THE SPECIAL SALES OFFICER V OFFICE ASSISTANT REGISTRAR (GENERAL) OPERATIVE SOCIETY MUKUNDAPURAM IRINJALAKUDA 680 121.

OTHER PRESENT:

SR.GP K.P HARISH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, ALONG WITH WP(C).7533/2021(N), WP(C).7545/2021(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No.7533 of 2021 and connected matters

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

WP(C).No.7545 OF 2021(P)

PETITIONER:

MADHU, AGED 54 YEARS S/O.NARAYANAN THARAYIL HOUSE, VELOOKKARA VILLAGE NDAVARAMBU THRISSUR 680661

BY ADVS.

SHRI.L.RAM MOHAN SRI.M.AUBREY ABRAHAM ISAAC

RESPONDENTS:

1 THE KALLUMKUNNU SERVICE CO-OPERATIVE BANK LTD., NADAVARAMBU THRISSUR-680 661 REPRESENTED BY ITS AUTHORIZED OFFICER.

2 THE SPECIAL SALES OFFICER V OFFICE ASSISTANT REGISTRAR (GENERAL) OPERATIVE SOCIETY MUKUNDAPURAM IRINJALAKUDA 680 121.

OTHER PRESENT:

SR.GP K.P HARISH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, ALONG WITH WP(C).7533/2021(N), WP(C).7539/2021(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No.7533 of 2021 and connected matters

COMMON JUDGMENT

Writ petitioners have availed loan from the first respondent/bank

after mortgaging their properties. Since default was committed,

properties were brought for sale. By separate notices produced along

with each of the Writ Petitions, properties are put for sale to be

conducted on 24.03.2021. Petitioners have approached this Court

contending that, they are making hasty efforts to discharge the liability

by making substantial payment.

2. Having considered the limited prayer made by the

petitioners and also the offer made by the learned counsel for the

petitioners that the entire liability can be discharged in two monthly

installments on or before 30th of April 2021, I am inclined to dispose of

the Writ Petitions itself without issuing notice to the respondents.

3. Petitioners offered to deposit one half of the money claimed

by the sale notices in each of the Writ Petitions on or before 7 th of April

2021. Sale will stand adjourned till 07.04.2021. The amount claimed in

the notices shall be remitted in the respective loan account on or before

07.04.2021. If the amount is so deposited, sale will stand deferred till

30.04.2021. Entire remaining balance amount shall be remitted on or

before 30.04.2021. If the entire amount is paid on or before

30.04.2021, the respondents shall close the debt and issue Debt W.P(C).No.7533 of 2021 and connected matters

Clearance Certificate. It is made clear that, in the eventuality of the

breach of the condition to remit 50% of the amount on 07.04.2021 or

the remaining balance on 30.04.2021, this benefit will be lost and the

bank will be entitled to proceed with the sale of the properties as

originally notified any day after the date of default.

Writ Petitions are disposed of accordingly.

Sd/-

                                                SUNIL THOMAS

Sbna                                                 JUDGE

W.P(C).No.7533 of 2021 and connected matters

APPENDIX OF WP(C) 7533/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 18.2.2021.

EXHIBIT P1(A) TRUE COPY OF THE NOTICE DATED 18.2.2021.