Kerala High Court
Abdul Basith.K vs Sale Officer 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. 13040 OF 2024
PETITIONER/S:
ABDUL BASITH.K
AGED 24 YEARS
S/O MUHAMMED ALI, KODAKKATTU HOUSE, FAROOQ NAGAR,
KODINHI P.O, MALAPPURAM DISTRICT, PIN - 676309
BY ADVS.
SALIM V.S.
K.MUHAMMED THOYYIB
N.M.SIDHIC
A.M.FOUSI
A.B.AJIN
RESPONDENT/S:
1 SALE OFFICER
NANNAMBRA SERVICE CO-OPERATIVE BANK LTD, KODINHI P.O,
MALAPPURAM DISTRICT., PIN - 676309
2 NANNAMBRA SERVICE CO-OPERATIVE BANK LTD
REPRESENTED BY ITS SECRETARY, KODINHI P.O, MALAPPURAM
DISTRICT., PIN - 676309
BY ADV M.SASINDRAN
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. 13040 OF 2024
2
JUDGMENT
When this matter was called today, the learned
Standing Counsel for the 2nd respondent - Nannambra
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.38,56,177/-, which is the sum outstanding
therein, as on 09.04.2024, along with all
applicable charges and interest, provided same is
paid by him in not more than 24 equal monthly
installments.
2. The learned counsel for the petitioners -
Sri.Salim.V.S, 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 24 equal monthly
installments commencing from 01.06.2024.
Needless to say, if the amounts as afore are
WP(C) NO. 13040 OF 2024
paid by the petitioner, the account will stand
closed and the Nannambra Service Co-operative Bank
will return to him 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 him and the Bank
will be at full liberty to pursue further action
pursuant to Exts.P1 to P3, 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.P1 to P3 will stand deferred.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Mn
WP(C) NO. 13040 OF 2024
APPENDIX OF WP(C) 13040/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE DATED 21.02.2024
FOR THE SALE OF THE SECURED ASSETS WAS ISSUED
BY THE 1ST RESPONDENT, SALE OFFICER.
Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 15.03.2024
ISSUED BY THE 1ST RESPONDENT SALE OFFICER,
ATTACHED TO THE ASSISTANT REGISTRAR (GENERAL)
OFFICE, THIRURANGADI.
Exhibit P3 THE TRUE COPY OF THE NOTICE IN FORM NO.9
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER.
Exhibit -P4 THE TRUE COPY OF THE REPRESENTATION DATED
25.03.2024 SUBMITTED BEFORE THE 2ND
RESPONDENT .
