Alassan A.T vs Kottakkal Co-Operative Urban ...
2023 Latest Caselaw 8280 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                       WP(C) NO. 25016 OF 2023
PETITIONER:

          ALASSAN A.T, AGED 67 YEARS,
          S/O ABDURAHIMAN, AREKKATTUTHODI HOUSE,
          KULANGARA, VALAKKULAM POST,
          MALAPPURAM DT., PIN - 676508.

          BY ADVS.
          T.K.AJITH KUMAR
          HARITHA HARIDAS


RESPONDENTS:

    1     KOTTAKKAL CO-OPERATIVE URBAN BANK LTD, NO: 1378,
          HO KOTTAPPADI, KOTTAKKAL (PO),
          MALAPPURAM DT., PIN - 676503,
          REPRESENTED BY ITS GENERAL MANAGER.

    2     AUTHORISED OFFICER/ CHIEF EXECUTIVE OFFICER,
          KOTTAKKAL CO-OPERATIVE URBAN BANK LTD, NO: 1378,
          KOTTAKKAL (PO), MALAPPURAM DT., PIN - 676503.

          BY ADV DEVAPRASANTH.P.J.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25016 OF 2023
                                    -2-

                                JUDGMENT

When this matter was called today,

Sri.P.J.Devaprasanth - learned Standing Counsel

for the respondents, submitted that, if the

petitioner is willing to pay off the total

outstanding amount in his loan account, namely

Rs.7,88,682/-, as on 01.08.2023, with applicable

charges and interest, he can be allowed to do

the same in 12 equal monthly installments and

thus avert the recovery action against his

secured assets.

2. Sri.T.K.Ajith Kumar - learned counsel

for the petitioner, submitted that his client

will accept the afore offer and prayed that this

writ petition be ordered on such terms.

In the afore circumstances, I order this

writ petition, granting liberty to the

petitioner to pay off the total outstanding

amount in the loan account, which is stated to WP(C) NO. 25016 OF 2023

be Rs.7,88,682/- ((Rupees seven lakhs eighty

eight thousand six hundred and eighty two only)

as on 01.08.2023, along with all applicable

charges and interest, in 12 equal monthly

installments, commencing from 25.08.2023.

If the afore payment is made, the loan

account will stand closed and the title deeds

and such other security documents will be

returned to the petitioner.

Needless to say, if the petitioner commits

default in payment of any of the afore ordered

installments, the respondent - Bank, will be at

liberty to initiate and complete recovery action

for the balance amount, without having to obtain

any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 25016 OF 2023

APPENDIX OF WP(C) 25016/2023

PETITIONER EXHIBITS

EXHIBIT -P1 TRUE COPY OF THE APPLICATION NO. CMP 1283/2023 DATED 12.04.2023 ON THE FILE OF CJM COURT, MANJERI.

EXHIBIT -P2 TRUE COPY OF THE NOTICE DATED 18.05.2023 ISSUED BY THE ADVOCATE COMMISSIONER.