Kumba vs Kotachery Service Co-Operative Bank
2024 Latest Caselaw 10015 Ker

Kerala High Court

Kumba vs Kotachery Service Co-Operative Bank 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. 12416 OF 2024
PETITIONER:

             KUMBA
             AGED 60 YEARS, D/O BAIRAN,
             KARAKUZHI, AJANUR P.O., HOSDURG,
             KASARGODE 671531, PIN - 671531
             BY ADVS.
             PHILIP T.VARGHESE
             THOMAS T.VARGHESE
             ACHU SUBHA ABRAHAM
             V.T.LITHA
             K.R.MONISHA
             JIJO PAUL
             ANJALI SUNIL

RESPONDENTS:

      1      KOTACHERY SERVICE CO-OPERATIVE BANK
             REPRESENTED BY ITS SECRETARY,
             KANHANGAD P.O, KASARGODE, PIN - 671326
      2      SPECIAL SALE OFFICER/ JUNIOR INSPECTOR
             OF KOTTACHERY SCB GROUP
             O/O ASSISTANT REGISTRAR (GENERAL ),
             HOSDURG P.O, KANHANGAD, PIN - 671315
             BY ADVS.
             SRI.ARUNKUMAR A
             SMT.C.S.SHEEJA - SR.GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.12416 of 2024
                                 :2:



                            JUDGMENT

When this matter was called today, Sri.Arunkumar A. -

learned counsel for the respondent Bank, submitted that, the

total outstanding in the Loan Accounts of the petitioner, as on

05.04.2024, is Rs.4,74,437/-; and that if she 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.Philip T.Varghese - 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 Accounts, namely, Rs.4,74,437/- as on

05.04.2024, with all applicable charges and interest, in 20 equal

monthly installments commencing from 15.05.2024. If this is

done, the Bank shall close the Loan account and return the

security documents to her, on proper receipt.

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

above directions, all further action pursuant to Exts.P1 and P2

will stand deferred; but if she 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 anm

APPENDIX OF WP(C) 12416/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE NOTICE IN FORM NO.

8 DATED 19.02.2024 ISSUED BY 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE SALE NOTICE IN FORM NO.

9 DATED 19.02.2024 ISSUED BY 2ND RESPONDENT

RESPONDENTS' EXHIBITS : NIL.