Shiyad Salam vs Decent Junction Service Co-Operative ...
2024 Latest Caselaw 10116 Ker

Kerala High Court

Shiyad Salam vs Decent Junction Service Co-Operative ... 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. 3748 OF 2023
PETITIONER:

            SHIYAD SALAM, AGED 47 YEARS
            S/O ABDUL SALAM, SHIYAD MANZIL, MUGHATHALA P.O.,
            KOLLAM DISTRICT, PIN - 691577

            BY ADV LATHEESH SEBASTIAN



RESPONDENTS:

    1       DECENT JUNCTION SERVICE CO-OPERATIVE BANK
            DECENT JUNCTION, KOLLAM DISTRICT, REPRESENTED BY ITS
            SECRETARY, PIN - 691577

    2       THE SPECIAL SALE OFFICER, CO-OPERATIVE CIRCLE OFFICE,
            ASSISTANT REGISTRAR OFFICE, KOLLAM, PIN - 691513

            BY ADV PRASAD CHANDRAN


     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. 3748 OF 2023
                                       2


                                    JUDGMENT

When this matter was called today, Sri.Prasad Chandran -

learned counsel for "Decent Junction Service Co-operative Bank

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

the loan account of the petitioner, as on 05.04.2024, is

Rs.15,23,717/-; 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.Latheesh Sebastian - learned counsel for the petitioner,

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

ordered.

3. 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.15,23,717/- as on

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

equal monthly installments, commencing from 01.06.2024.

Needless to say, if the petitioner makes default on payment of

two installments as ordered above, further action pursuant thereto

can be taken forward, without having to obtain further orders from

this Court.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 3748 OF 2023

APPENDIX OF WP(C) 3748/2023

PETITIONER EXHIBITS

ExhibitP1 TRUE COPY OF THE SALE NOTICE OF THE 2ND RESPONDENT DATED 19.01.2023

ExhibitP2 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 23.01.2023