Podiyamma.K vs The Asst. Registrar
2024 Latest Caselaw 10601 Ker

Kerala High Court

Podiyamma.K vs The Asst. Registrar 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. 12229 OF 2024
PETITIONER:

          PODIYAMMA.K.
          AGED 85 YEARS
          R.S.BHAVAN, PODIYADI P.O. VTC, NEDUMPURAM,
          PATHANAMTHITTA., PIN - 689110
          BY ADV E.V.MOLY


RESPONDENTS:

    1     THE ASST. REGISTRAR,
          THIRUVALLA CO-OPERATIVE BANK LTD, CHEMBOLIMUKKU,
          M.C.ROAD, THIRUVALLA, PIN - 689102
    2     THE SECRETARY,
          NEDUMPURAM SERVICE CO-OPERATIVE BANK LTD., THIRUVALLA,
          PATHANAMTHITTA, PIN - 689110
          BY ADVS.
          T.P.PRADEEP
          P.K.SATHEES KUMAR(K/607/2012)
          R.K.PRASANTH(K/000475/2017)
          MINIKUMARY M.V.(K/118/2019)
          JIJO JOSEPH(K/000402/2022)


     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.12229 OF 2024

                                           2

                                       JUDGMENT

When this matter was called today, the

learned Standing Counsel for the 2nd respondent -

Nedumpuram Service Co-operative Bank Ltd,

submitted that the loan account of the petitioner

involved in this case can be settled for a total

amount of Rs.3,74,718/-, which is the sum

outstanding therein, as on 06.04.2024, 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.E.V.Moly, 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 petitioner to pay off the

aforementioned amount, along with all applicable

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 WP(C) NO.12229 OF 2024

closed and the Nedumpuram Service Co-operative

Bank will return to her 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 her and the Bank

will be at full liberty to pursue further action

pursuant to Ext.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

Ext.P2 will stand deferred.

sd/-

DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO.12229 OF 2024

APPENDIX OF WP(C) 12229/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PETITION DATED 31.12.2022 FILED BY THE 1ST RESPONDENT Exhibit P2 THE TRUE COPY OF THE AWARD IN ARC.NO.471 DATED 31.07.2023 PASSED BY THE ARBITRATOR