Sijithkumar K S vs Wadakkanchery Block Multipurpose ...
2024 Latest Caselaw 10001 Ker

Kerala High Court

Sijithkumar K S vs Wadakkanchery Block Multipurpose ... on 5 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

          FRIDAY, THE 5TH DAY OF APRIL   2024 / 16TH CHAITHRA, 1946

                            WP(C) NO. 13049 OF 2024

PETITIONER:

               SIJITHKUMAR K S
               AGED 66 YEARS
               KARUMUKKIL HOUSE, KUNDANNUR P.O, WADAKKANCHERY VIA,
               KANJIRAKODE, KANJIRAKODE, THRISSUR, KERALA., PIN - 680590

               BY ADVS.
               VISHNU DAS
               SRUTHI DAS
               MARIA NEETHU T.J
               ANAGHA A.S.


RESPONDENTS:

      1        WADAKKANCHERY BLOCK MULTIPURPOSE CO-OPERATIVE SOCIETY LTD.
               NO.R.1125, XI/1450, REPRESENTED BY ITS SECRETARY, NEAR GOVT.
               BOYS HIGHER SECONDARY SCHOOL, WADAKKANCHERY, THRISSUR,
               KERALA., PIN - 680582

      2        JUNIOR INSPECTOR/SPECIAL SALE OFFICER
               OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCITIES
               (GENERAL) THALAPILLY P.O, WADAKKANCHERY, PIN - 680582

               SMT.MABLE C. KURIAN - SR.GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13049 OF 2024
                                       2



                                 JUDGMENT

When this matter was called today, Sri.P.C.Sasidharan - learned

counsel for "Wadakkanchery Block Multipurpose Co-operative

Society Ltd." ('Bank' for short), submitted that, the total

outstanding in the Loan Account of the petitioner, as on

05.04.2024, is Rs.1,03, 80, 023/-; and that if he is willing to pay

the same in not more than 20 equal monthly installments, his

client will not stand in the way of this Court disposing of this writ

petition on such terms.

2. Sri.Vishnu Das - learned counsel for the petitioner, fully

agreed to the afore and prayed that this writ petition be thus

ordered.

In the afore circumstances, I allow this writ petition, granting

liberty to the petitioner to pay the total outstanding amount in the

Loan Account, namely, Rs.1,03, 80, 023/- as on 05.04.2024, with

all applicable charges and interest, in 20 equal monthly

installments commencing from 01.06.2024. If this is done, the

Bank shall close the loan account and return the security

documents to him, on proper receipt.

Needless to say, as long as the petitioner pays as per the above

directions, all further action pursuant to Ext.P1 will stand WP(C) NO. 13049 OF 2024

deferred; but if he defaults payment of any two consecutive

installments as ordered above, the Bank will be at full liberty to

invoke appropriate remedies for recovery of the total balance

amount as per law, without having to obtain any further orders

from this Court.

SD/-

DEVAN RAMACHANDRAN JUDGE

rp WP(C) NO. 13049 OF 2024

APPENDIX OF WP(C) 13049/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTICES ISSUED UNDER SECTION 74(2) OF KERALA CO-OPERATIVE SOCIETIES ACT, 1969 BY THE 2ND RESPONDENT TO THE PETITIONER HEREIN DATED 18.03.2024

Exhibit P2 THE TRUE COPY OF THE DETAILS SHOWING THE OUTSTANDING LOAN AMOUNT AS ON 19.02.2024