Rekha Chandran vs Perinad Lekshmivilasam Village ...
2024 Latest Caselaw 10475 Ker

Kerala High Court

Rekha Chandran vs Perinad Lekshmivilasam Village ... on 11 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 13177 OF 2024
PETITIONER/S:

    1     REKHA CHANDRAN
          AGED 49 YEARS
          W/O. LATE CHANDRABABU, THEKKEVILAPURATHU HOUSE,
          PRAKKULAM, THRIKKARUVA, KOLLAM, PIN - 691602
    2     RAJANI
          AGED 46 YEARS
          W/O. SANTHOSH, THEKKEVILAPURATHU HOUSE, PRAKKULAM,
          THRIKKARUVA, KOLLAM, PIN - 691602
    3     RANJITH BABU
          AGED 29 YEARS
          S/O. LATE CHANDRABABU, THEKKEVILAPURATHU HOUSE,
          PRAKKULAM, THRIKKARUVA, KOLLAM, PIN - 691602
          BY ADV S.S.RAJESH


RESPONDENT/S:

    1     PERINAD LEKSHMIVILASAM VILLAGE SERVICE CO-OPERATIVE
          BANK LTD. NO. 1841,
          KANJAVELI P.O., KOLLAM, REPRESENTED BY ITS SECRETARY.,
          PIN - 691602
    2     THE ASSISTANT REGISTRAR (GENERAL), KOLLAM
          OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), OPPOSITE
          CIVIL STATION, KOLLAM, PIN - 691001
    3     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL),
          OFFICE OF THE JOINT REGISTRAR, OPPOSITE CIVIL STATION,
          KOLLAM, PIN - 691001
          BY ADVS.
          ARJUN RAGHAVAN
          T.R.HARIKUMAR(K/000295/1992)
          POOJA PANKAJ(K/924/2016)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13177 OF 2024

                                           2

                                     JUDGMENT

When this matter was called today, the learned

Standing Counsel for the 1st respondent - Perinad

Lekshmivilasam Village Service Co-operative Bank

Ltd, submitted that the loan account of the

petitioners involved in this case can be settled

for a total amount of Rs.15,01,904/-, which is the

sum outstanding therein, as on 06.04.2024, along

with all applicable charges and interest, provided

same is paid by them in not more than 6 equal

monthly installments.

2. The learned counsel for the petitioners -

Sri.S.S.Rajesh Mangalassery, accepted the afore

suggestion.

3. Taking note of the afore submissions and

in order to obtain a balance between the rival

interests of the parties, I allow this writ

petition, permitting the petitioners to pay off

the aforementioned amount, along with all

applicable charges and interest, in 6 equal

monthly installments commencing from 01.06.2024. WP(C) NO. 13177 OF 2024

Needless to say, if the amounts as afore are

paid by the petitioners, the account will stand

closed and the Perinad Lekshmivilasam Village

Service Co-operative Bank will return to them all

security documents as are necessary; but, if on

the contrary, any two consecutive instalments are

defaulted, the benefit of this judgment will be

lost to them and the Bank will be at full liberty

to pursue further action pursuant to Exts.P1 and

P2, without having to obtain any other order from

this Court. It is also needless to say, therefore,

that as long as the amounts as afore are paid, all

further action pursuant to Exts.P1 and P2 will

stand deferred.

Sd/-

DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO. 13177 OF 2024

APPENDIX OF WP(C) 13177/2024

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER DATED 18/12/2023 ISSUED BY THE 2ND RESPONDENT IN ARC NO.

Exhibit P-2 TRUE COPY OF THE ORDER DATED 18/12/2023 ISSUED BY THE 2ND RESPONDENT IN ARC NO.

Exhibit P-3 TRUE COPY OF THE REPRESENTATION DATED 14/3/2024 SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT Exhibit P-4 TRUE COPY OF THE LETTER DATED 18/3/2024 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT