Chackochan Njanackal vs Branch Manager
2024 Latest Caselaw 10525 Ker

Kerala High Court

Chackochan Njanackal vs Branch Manager 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. 8994 OF 2024
PETITIONER:

              CHACKOCHAN NJANACKAL
              AGED 49 YEARS
              S/O.JOSEPH, NHANACKAL HOUSE, ARANGU.P.O, NADUVIL (VIA),
              NEW NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT,
              PIN - 670582
              BY ADVS.
              V.T.MADHAVANUNNI
              V.A.SATHEESH
              GAYATHRI C.H.


RESPONDENTS:

     1        BRANCH MANAGER
              THE TALIPARAMBA PRIMARY CO-OPERATIVE AGIRCULTURAL & RURAL
              DEVELOPMENT BANK LIMITED, NADUVIL BRANCH, NADUVIL.P.O,
              KANNUR DISTRICT, PIN - 670582
     2        THE TALIPARAMBA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL
              DEVELOPMENT BANK LIMITED
              HEAD OFFICE, TALIPARAMBA.P.O, KANNUR DISTRICT,
              REPRESENTED BY ITS SECRETARY, PIN - 670141
     3        SPECIAL SALE OFFICER
              TALIPARAMBA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL
              DEVELOPMENT BANK, TALIPARAMBA.P.O, KANNUR DISTRICT, PIN -
              670141
              BY ADV M.SASINDRAN SC


     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. 8994 OF 2024
                                                  2

                                           JUDGMENT

When this matter was called today,

Sri.M.Sasindran - learned Standing Counsel for the

2nd respondent - 'Taliparamba Primary Co-opearative

Agricultural & Rural Development Bank' ("Bank"),

submitted that the loan account of the petitioner

involved in this case can be settled for a total

amount of Rs.10,27,967/-, as on 14.12.2023, along

with all applicable charges and interest, provided

same is paid by him in not more than 20 equal

monthly installments.

2. The learned counsel for the petitioner -

Sri.T.Madhavanunni, accepted the afore suggestion.

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 petitioner to pay off the

aforementioned amount, along with all applicable WP(C) NO. 8994 OF 2024

charges and interest, in 20 equal monthly

installments commencing from 01.06.2024.

Needless to say, if the amounts as afore are

paid by the petitioner, the account will stand

closed and the Bank will return to him all security

documents as are necessary; but, if on the contrary,

any two instalments are defaulted, the benefit of

this judgment will be lost to him and the Bank will

be at full liberty to pursue further action, without

having to obtain further orders from this Court.

It is also needless to say, therefore, that as

long as the amounts as afore are paid, all further

action will stand deferred.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 8994 OF 2024

APPENDIX OF WP(C) 8994/2024

PETITIONER'S EXHIBITS:

Exhibit-P1 A TRUE COPY OF THE NOTICE DATED 14-12-2022 ISSUED BY THE 3RD RESPONDENT