Sajimon K vs Special Sale Officer
2023 Latest Caselaw 6720 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                        WP(C) NO. 19903 OF 2022
PETITIONER:

          SAJIMON K, AGED 39 YEARS,
          S/O. NARAYANAN, CHENTHALA, PANAPUZHA,
          ERYAM P.O, KANNUR, KERALA - 670 306.

          BY ADVS.
          C.C.ANOOP
          BOBY THOMAS
          N.RENJU


RESPONDENTS:

    1     SPECIAL SALE OFFICER,
          PAYYANNUR PRIMARY COOPERATIVE AGRICULTURE AND VILLAGE
          DEVELOPMENT BANK, NUMBER C 212, PAYYANNUR P.O,
          KANNUR - 670 307.

    2     THE SECRETARY,
          PAYYANNUR PRIMARY COOPERATIVE AGRICULTURE AND VILLAGE
          DEVELOPMENT BANK, NUMBER C 212, PAYYANNUR P.O,
          KANNUR - 670 307.

          BY ADV M.SASINDRAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19903 OF 2022
                                    -2-

                             JUDGMENT

When this matter was called today,

Sri.M.Sasindran - learned counsel for the

Society, submitted that, taking a lenient view,

the petitioner, subject to his acceptance, can

be allowed to pay the overdue amount in his loan

account - which is a sum of Rs.2,76,664/-,

including the interest calculated up to

29.06.2023 - in 18 equal monthly installments

and no more. He submitted that his client agrees

to this because the period of the loan is still

available; but added that the petitioner,

however, must also pay the regular EMIs without

fail.

2. Sri.C.C.Anoop - learned counsel for the

petitioner, submitted that his client accepts

the afore suggestions; and prayed that this writ

petition be ordered on such terms.

In the afore circumstances, this writ WP(C) NO. 19903 OF 2022

petition is allowed, directing the petitioner to

pay the overdue amount in the loan account,

which is stated to be a sum of Rs.2,76,664/-

(Rupees two lakhs seventy six thousand six

hundred and sixty four only), taking the

interest up to 29.06.2023, along with all

applicable charges, in 18 equal monthly

installments commencing from 15.07.2023; in

which event, the loan account will stand

regularized and he will be allowed to pay off

the balance as per the regular sanction.

Needless to say, the petitioner will also

pay the regular EMIs falling due hereinafter,

along with the afore without default.

I clarify that, if the petitioner fails or

refuses to remit any two of the afore

installments consecutively, the benefit of this

judgment will be lost to him; and the Society

will be at full liberty to recover the entire WP(C) NO. 19903 OF 2022

balance amount from him, as per law, without any

impediment.

It also goes without saying that any

coercive action against the property of the

petitioner, pending as on today, will stand

deferred until such time as the petitioner

complies with the afore directions.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 19903 OF 2022

APPENDIX OF WP(C) 19903/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 01.06.2022 TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 14.06.2022