Lathika.M vs The Varkala Co-Operative Agricultural ...
2024 Latest Caselaw 10111 Ker

Kerala High Court

Lathika.M vs The Varkala Co-Operative Agricultural ... 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. 3048 OF 2024
PETITIONERS:

    1       LATHIKA.M, AGED 62 YEARS,
            W/O BABU, THEKKEVAYALTHODI,
            VENKULAM, EDAVA.P.O,
            THIRUVANANTHAPURAM DISTRICT,
            PIN - 695311.

    2       BIJU.B, AGED 32 YEARS,
            S/O BABU, THEKKEVAYALTHODI, VENKULAM,
            EDAVA.P.O, THIRUVANANTHAPURAM DISTRICT,
            PIN - 695311.

            BY ADV K.P.SUJESH KUMAR


RESPONDENTS:

    1       THE VARKALA CO-OPERATIVE AGRICULTURAL AND RURAL
            DEVELOPMENT BANK LTD. NO.2039, MAITHANAM, VARKALA,
            THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS
            SECRETARY., PIN - 695141.

    2       SPECIAL SALES OFFICER
            THE VARKALA CO-OPERATIVE AGRICULTURAL AND RURAL
            DEVELOPMENT BANK LTD., NO.2039, MAITHANAM,
            VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN - 695141.

            BY ADVS.
            T.R.HARIKUMAR
            ARJUN RAGHAVAN(K/1277/2012)


     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. 3048 OF 2024
                               -2-

                         JUDGMENT

When this matter was called today,

Sri.Sujesh Kumar P. - learned counsel for the

petitioners, submitted that an amount of

Rs.50,000/- had been paid to the 1st respondent

as per the interim order of this Court dated

25.01.2024.

2. Sri.T.R.Hari Kumar - learned counsel for

the respondents, affirmed the afore and

submitted that the total outstanding amount in

the petitioners' loan account is Rs.5,14,812/-;

while, the overdue amount is Rs.4,52,490/-, as

on 05.04.2024. He offered that they can be

allowed to pay off the former amount, which is

the balance after deducting the amount paid

under the interim order, along with all

applicable charges and interest, provided she

pays the same in not more than 15 equal monthly

installments.

WP(C) NO. 3048 OF 2024

3. Sri.Sujesh Kumar P. - learned counsel for

the petitioners, accepted the afore suggestion.

Taking note of the afore submissions, I

allow this writ petition, permitting the

petitioners to pay off the aforementioned total

outstanding amount, along with all applicable

charges and interest, in 15 equal monthly

installments, commencing from 15.05.2024.

Needless to say, if the petitioners continue

to pay as afore, all action pursuant to Ext.P1

will stand deferred; but if they default payment

of the 1st installment or any of two other

consecutive installments as ordered above,

necessary action for recovery can be taken

forward, without having to obtain further orders

from this Court.

Sd/-

DEVAN RAMACHANDRAN akv JUDGE WP(C) NO. 3048 OF 2024

APPENDIX OF WP(C) 3048/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE NOTICE ISSUED BY THE SECOND RESPONDENT DATED NIL