Sidhan K K vs 1. Amballur Service Co-Operative Bank ...
2024 Latest Caselaw 10476 Ker

Kerala High Court

Sidhan K K vs 1. Amballur Service Co-Operative Bank ... 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. 12435 OF 2024
PETITIONER:

          SIDHAN K K
          AGED 43 YEARS
          S/O KUTTAPAN, KANGIL HOUSE, KALLUR P O, THRISSUR
          DISTRICT, PIN - 680317
          BY ADVS.
          JITHIN BABU A
          ARUN SAMUEL


RESPONDENTS:

    1     1. AMBALLUR SERVICE CO-OPERATIVE BANK LTD.NO.503
          REPRESENTED BY ITS SECRETARY, VARAKKARA P O, THRISSUR
          DISTRICT, PIN - 680302
    2     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
          THRISSUR DISTRICT, PIN - 680001
    3     ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
          MUKUNDAPURAM ADMINISTRATION OFFICE OF THE ASSISTANT
          REGISTRAR OF COOPERATIVE SOCIETIES,
          MUKUNDAPURAM ,THRISSUR DISTRICT, PIN - 680733
    4     SPECIAL SALE OFFICER
          PUDUKKAD SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR
          OF COOPERATIVE SOCIETIES, MUKUNDAPURAM, P.O.
          IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121
          BY ADV P.C SASIDHARAN


     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.12435 OF 2024

                                          2

                                    JUDGMENT

When this matter was called today,

Sri.P.C.Sasidharan - learned Standing Counsel for

the 'Amballur Service Co-operative Bank Ltd.'

("Bank" for short), submitted that, if the

petitioner is interested, he can be allowed to pay

off the overdue amount in his loan account in

installments, so that the said account can then be

regularised. He submitted that the overdue in the

Loan Account of the petitioner, as on 28.03.2024,

is Rs.10,44,286/-; and that if this Court is so

inclined, the petitioner can be allowed to pay off

the said amount in not more than 15 instalments,

provided he pays the same along with regular EMIs

without default.

2. Sri.Jithin Babu.A - learned counsel for

the petitioner, submitted that his client accepts

the afore and prayed that this writ petition be so

ordered.

3. Taking note of the afore submissions, I

allow this writ petition and permit the petitioner

to pay off the overdue amount of Rs.10,44,286/- as WP(C) NO.12435 OF 2024

on 28.03.2024, along with all applicable charges

and interest, in 15 instalments, commencing from

01.06.2024. These payments shall be made along

with the regular EMIs, without any default in

either of them.

Needless to say, if the overdue amount is

paid by the petitioner as afore, his account will

stand regularised; but should he default in

payment of two consecutive instalments, as ordered

by this Court, or any of the regular EMIs, then

the benefit of this judgment will be lost to him;

and necessary recovery action can be continued

against him, without the Bank having to obtain any

further orders from this Court.

SD/-

DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO.12435 OF 2024

APPENDIX OF WP(C) 12435/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 22.02.2024 ISSUED BY THE 4TH RESPONDENT.