Bindhu, W/O Tomy vs The General Manager Payyannur Co- ...
2024 Latest Caselaw 10540 Ker

Kerala High Court

Bindhu, W/O Tomy vs The General Manager Payyannur Co- ... 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. 8630 OF 2024
PETITIONER:

              BINDHU, W/O TOMY
              AGED 52 YEARS
              KURYALANIKKAL, KAVUNTHALA, PALAVAYAL, THAYYENI
              P.O.,KASARAGOD, KERALA, PIN - 670511
              BY ADVS.
              TITUS MANI
              P.A.JACOB
              BINNY THOMAS
              SWAROOP A.P.


RESPONDENT:

              THE GENERAL MANAGER PAYYANNUR CO- OPERATIVE TOWN BANK
              PAYYANNUR, PIN - 670307
              BY ADV MAHESH V RAMAKRISHNAN


     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. 8630 OF 2024
                                         2

                                 JUDGMENT

When this matter was called today, Sri.Mahesh

V.Ramakrishnan - learned counsel for the respondent

- 'Payyannur Co-operative Town Bank' ("Bank" for

short), submitted that, if the petitioner is

interested, she can be allowed to pay off the

overdue amount in her 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 11.04.2024, is Rs.1,90,000/-;

and that if this Court is so inclined, the

petitioner can be allowed to pay off the said amount

in not more than 10 instalments, provided she pays

the same along with regular EMIs without default.

2. Sri.Titus Mani Vettom - 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 WP(C) NO. 8630 OF 2024

this Writ Petition and permit the petitioner to pay

off the overdue amount of Rs.1,90,000/- as on

11.04.2024, along with all applicable charges and

interest, in 10 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, her account will stand

regularised; but should she default in payment of

two instalments, as ordered by this Court, or any of

the regular EMIs, then the benefit of this judgment

will be lost to her; and necessary recovery action

can be continued against her, without the Bank

having to obtain any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 8630 OF 2024

APPENDIX OF WP(C) 8630/2024

PETITIONER'S EXHIBITS:

Exhibit P-1(a) TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER'S HUSBAND Exhibit P-1 (b) TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER'S HUSBAND Exhibit P-1(c) TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER'S HUSBAND Exhibit P-2 A COPY OF THE SUMMONS ISSUED BY THE ARBITRATOR Exhibit P-3 A COPY OF THE AWARD IN NO. 1833/2023