Kerala High Court
Lovely Shaiju vs Nellai Parappukkara Service ... 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. 6282 OF 2024
PETITIONER:
LOVELY SHAIJU
AGED 42 YEARS
W/O SHAIJU, MACHINGIL HOUSE, PANTHALOOR DESOM, NELLAYI
VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,, PIN -
680305
BY ADVS.
ABRAHAM MATHAN
P.P.HARRIS
RESPONDENTS:
1 NELLAI PARAPPUKKARA SERVICE CO-OPERATIVE BANK
LTD..R.NO.460, R.NO.460, IX/109 NELLAYI, NELLAYI P O,
THRISSUR DISTRICT, KERALA STATE, PIN: 680305 REPRESENTED
BY ITS MANAGER, PIN - 680305
2 SPECIAL SALE OFFICER, IRINJALAKUDA TOWN CO-OPERATIVE BANK
GROUP, CO-OPERATIVE SOCIETY ASST.REGISTRAR (GENERAL)
OFFICE, MUKUNDAPURAM THRISSUR DISTRICT,, PIN - 680003
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)(K/000570/1979)
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. 6282 OF 2024
2
JUDGMENT
When this matter was called today, Smt.Nisha
George - learned Standing Counsel for the 1st
respondent - 'Nellai Parappukkara Service Co-
operative Bank Ltd' ("Bank" for short), submitted
that the loan account of the petitioner involved in
this case can be settled for a total amount of
Rs.36,04,418/-, as on 11.04.2024, along with all
applicable charges and interest, provided same is
paid by her in not more than 20 equal monthly
installments.
2. The learned counsel for the petitioner -
Sri.Abraham Mathan, 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
charges and interest, in 20 equal monthly
WP(C) NO. 6282 OF 2024
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 her 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 her and the Bank will
be at full liberty to pursue further action pursuant
to Exts.P2 and P3, 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 pursuant to Exts.P2 and P3 will stand
deferred.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 6282 OF 2024
APPENDIX OF WP(C) 6282/2024
PETITIONER'S EXHIBITS:
Exhibit -P1 TRUE COPY OF THE AGREEMENT FOR SALE BETWEEN
MOHAN AND AITHA AND THE PETITIONER DATED
19.11.2020
Exhibit -P2 TRUE COPY OF THE FORM NUMBER 6 NOTICE ISSUED
BY THE 2ND RESPONDENT DATED NIL
Exhibit P3 TRUE COPY OF THE LETTER DATED 01.02.2024
ISSUED BY THE SECOND RESPONDENT
Exhibit -P4 TRUE COPY OF THE RECEIPT DATED 07.03.2024
HAVING UPI TRANSACTION I.D443338717601 FOR AN
AMOUNT OF RS. 50,000/-
Exhibit -P5 TRUE COPY OF THE RECEIPT DATED 07.03.2024
HAVING UPI TRANSACTION I.D 406752231371 FOR AN
AMOUNT OF RS. 50,000/-
