Kerala High Court
Varghese @ Varkey vs The Special Sale Officer 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. 36549 OF 2023
PETITIONERS:
1 VARGHESE @ VARKEY
AGED 63 YEARS
S/O.OUSEPH RESIDING AT PULLOKKARAN HOUSE,
MURIYADU.P.O., THRISSUR, PIN - 680683
2 JESSLY
AGED 56 YEARS
W/O.VARGHESE, RESIDING AT PULLOKKARAN HOUSE,
MURIYADU.P.O., THRISSUR, PIN - 680683
3 SIMON
AGED 56 YEARS
S/O. OUSEPH, RESIDING AT PULLOKKARAN HOUSE,
MURIYADU.P.O., THRISSUR, PIN - 680683
BY ADVS.
LAKSHMI RAMADAS
M.R.SABU
RESPONDENTS:
1 THE SPECIAL SALE OFFICER
KARALAM SERVICE CO-OPERATIVE BANK
GROUP ASSISTANT REGISTRAR (GENERAL) OFFICE,
MUKUNDAPURAM, THRISSUR, PIN - 680585.
2 MURIYADU SERVICE CO-OPERATIVE BANK LTD. NO.479
REPRESENTED BY ITS SECRETARY HEAD OFFICE,
MURIYADU P.O., THRISSUR, PIN - 680683.
BY ADV P.C SASIDHARAN
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. 36549 OF 2023
-2-
JUDGMENT
When this matter was called today,
Sri.P.C.Sasidharan - learned counsel for
respondent No.1, submitted that the interim
order of this Court dated 06.11.2023, has not
yet been complied with by the petitioners.
He, however, added that, if the petitioners
are interested, his client is willing to
offer them another opportunity to pay off the
total amount in their loan account, which is
a sum of Rs.50,14,435/- as on 28.02.2024, in
installments, along with all applicable
charges and interest, provided they pay an
amount of Rs.5,00,000/- as per the interim
order on or before 10.05.2024.
2. Smt.Lakshmi Ramadas - learned counsel
for the petitioner, acceded to the afore
WP(C) NO. 36549 OF 2023
suggestion.
Taking note of the afore submissions, I
allow this writ petition with the following
directions:
(a) The petitioner will pay an amount of
Rs.5,00,000/- (Rupees five lakhs only) to the
2nd respondent on or before 10.05.2024.
(b) If the afore payment is made, then
the petitioners will be at liberty to pay off
the balance amount in their loan account,
along with all applicable charges and
interests, in 20 equal monthly installments,
commencing from 15.06.2024.
(c) Needless to say, if the petitioners
continue to pay as afore, all action pursuant
to Ext.P4 will stand deferred; but if they
default payment as per direction (a) above,
WP(C) NO. 36549 OF 2023
or commit default in payment of any two
consecutive installments as ordered in (b)
above, necessary action for recovery can be
taken forward, without having to obtain
further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 36549 OF 2023
APPENDIX OF WP(C) 36549/2023
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE NOTICE ISSUED BY THE
2ND RESPONDENT TO THE 1ST PETITIONER
DATED 15.09.2022 LOAN NO.SL/15309
EXHIBIT-P2 TRUE COPY OF THE DEMAND NOTICE ISSUED
BY THE 1ST RESPONDENT DATED 24.11.2022
EXHIBIT-P3 TRUE COPY OF THE NOTICE INTIMATING THE
ATTACHMENT ISSUED BY THE 1ST
RESPONDENT DATED 02.03.2023
EXHIBIT-P4 TRUE COPY OF THE NOTICE INTIMATING THE
SALE OF THE IMMOVABLES ISSUED BY THE
1ST RESPONDENT DATED 06.10.2023
RESPONDENT EXHIBITS
EXHIBIT R2(A) THE TRUE COPY OF THE AWARD NO.
861/2021 DATED 30-11-2021 ISSUED BY
THE ARBITRATOR
