Kerala High Court
Mini Rob George vs Kanjirapally Service Co-Operative ... 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. 12306 OF 2024
PETITIONER/S:
MINI ROB GEORGE
AGED 54 YEARS
W/O. GEORGE DOMINIC. K., KANIKUNNEL HOUSE,
THAMBALAKKAD. P.O., KOTTAYAM, PIN - 686506
BY ADVS.
C.P.UDAYABHANU
NAVANEETH.N.NATH
RASSAL JANARDHANAN A.
RESPONDENT/S:
1 KANJIRAPALLY SERVICE CO-OPERATIVE BANK LTD.
NO. 2061, REPRESENTED BY ITS SECRETARY, KANJIRAPPILLY
P.O., KOTTAYAM DISTRICT,, PIN - 686507
2 SPECIAL SALE OFFICER, KANJIRAPALLY
SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL), KANJIRAPALLY, PIN -
686507
3 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), KANJIRAPALLY, PIN - 686507
4 REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM, PIN - 695601
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. 12306 OF 2024
2
JUDGMENT
When this matter was called today, the learned
Standing Counsel for the 1st respondent -
Kanjirapally 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.31,01,199/-, 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 18 equal monthly
installments.
2. The learned counsel for the petitioner -
Sri.C.P.Udayabhanu, 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 18 equal monthly
installments commencing from 01.06.2024.
Needless to say, if the amounts as afore are
WP(C) NO. 12306 OF 2024
paid by the petitioner, the account will stand
closed and the Kanjirapally 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 Exts.P3 and P4, 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 Exts.P3 and P4 will stand deferred.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Mn
WP(C) NO. 12306 OF 2024
APPENDIX OF WP(C) 12306/2024
PETITIONER EXHIBITS
Exhibit P1 COPY OF COMPLAINT FILED BY THE 1ST RESPONDENT
AGAINST THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 13/04/2021 WHICH WAS
Exhibit P2 COPY OF THE EXPARTE AWARD PASSED BY THE 2ND
RESPONDENT IN ARC NO. 233/21 DATED 26/08/2022
Exhibit P3 COPY OF THE DEMAND NOTICE DATED 02/08/2023
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit P4 COPY OF THE DEMAND NOTICE DATED 05/10/2023
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit P5 COPY OF THE NOTICE RECEIVED BY THE PETITIONER
FROM THE 2ND RESPONDENT DATED 27/11/2023
Exhibit P6 COPY OF THE NOTICE ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER DATED 30/12/2023
