P.A. Ramla vs Authorized Officer
2023 Latest Caselaw 10785 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                       WP(C) NO. 34056 OF 2023
PETITIONERS:

    1     P.A.RAMLA
          AGED 62 YEARS
          W/O.K.S.ABDUL GAFOOR, PROPRIETOR, FATHIMA AGENCIES,
          22/1412, PALLURUTHY, RESIDING AT KOLAKKAL HOUSE,
          KMP ROAD, PALLURUTHY, KOCHI, PIN - 682006
    2     K.A.SAJEL
          AGED 41 YEARS
          S/O.K.S.ABDUL GAFOOR, PROPRIETOR, SJS AGENCIES,
          16/270-A, KUMBALANGHI SOUTH, KOCHI-2, RESIDING AT
          KOLAKKAL HOUSE, KMP ROAD, PALLURUTHY, KOCHI,
          PIN - 682006
          BY ADV K.V.SABU


RESPONDENTS:

    1     AUTHORIZED OFFICER
          HDFC BANK, KADAVANTHRA, PIN - 682020
    2     THE MANAGER
          HDFC BANK, RETAIL AGRI SECTION, KADAVANTHRA, KOCHI,
          PIN - 682020

          SRI.P.SATHISAN
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34056 OF 2023             2

                             JUDGMENT

Amidst the various assertions, averments and allegations made

and urged in this writ petition, the learned counsel for the petitioners

confined his plea that respondent - Bank be directed to allow his clients

to pay off the amounts, as ordered in Ext.P11, at least in 24 equal

monthly instalments.

2. The learned Standing Counsel for the respondent - Bank, in

response, submitted that, if the petitioners are interested in a full and

final settlement, his client is willing to offer them a figure which they

cannot refuse, namely Rs.3,38,00,000/-. He submitted that the actual

amount due is Rs.6,29,68,497/- as on 19.10.2023; and he left it to this

Court to fix the number of instalments to be offered to them for final

payment.

In the afore circumstances, this writ petition is allowed, directing

the petitioners to pay Rs.3,38,00,000/-, along with all applicable

charges and interest as per Ext.P11, in 24 equal monthly instalments,

commencing from 30.11.2023.

Needless to say, as along as the petitioners continue to make

payment in the afore manner, all coercive recovery action against them

will stand deferred; but should they default any two consecutive

instalments, then the benefit of this judgment will be lost to them and

the respondent - Bank will be at full liberty to recover the entire

balance amount as per Ext.P11, without having to obtain any other

orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/19.10

APPENDIX OF WP(C) 34056/2023

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE REGISTRATION PARTICULARS OF FATHIMA AGENCIES BEARING NO.320838141 DT.8.11.2005 Exhibit P2 COPY OF THE REGISTRATION PARTICULARS OF SJS AGENCIES BEARING NO.320827085 DT.24.10.2005 Exhibit P3 A COPY OF THE SCHEDULE PAYMENT OF SJS AGENCIES Exhibit P4 A COPY OF THE LETTER DT.31.1.2018 ISSUED FROM THE PETITIONERS TO THE 2ND RESPONDENT Exhibit P5 A COPY OF THE BANK STATEMENT OF THE 1ST PETITIONER GENERATED ON 6.8.2022 Exhibit P6 COPY OF THE BANK STATEMENT OF THE 2ND PETITIONER GENERATED ON 6.8.2022 Exhibit P7 A COPY OF THE DD NO.04.03.2021 BEARING NO.028321 Exhibit P8 A COPY OF THE LETTER DT.11.1.2021 SENT BY THE PETITIONERS TO THE 2ND RESPONDENT Exhibit P9 A COPY OF THE LETTER DT.5.3.2021 SENT BY THE PETITIONERS TO THE 2ND RESPONDENT Exhibit P10 A COPY OF THE COMMUNICATION DT.19.7.2022 ISSUED TO THE 1ST PETITIONER Exhibit P11 A COPY OF THE ORDER DT.19.9.2022 IN WP(C) NO.28147/22 PASSED BY THIS HON'BLE COURT Exhibit P12 A COPY OF THE NEWSPAPER REPORT PUBLISHED IN MATHRUBHUMI DAILY ON 16.12.2022 Exhibit P13 A COPY OF THE LETTER SENT BY SJS AGENCIES & FATHIMA AGENCIES ADDRESSED TO THE RESPONDENT BANK DT.26.9.2023