Anitha vs Poomangalam Service Co –Operative Bank ...
2024 Latest Caselaw 10615 Ker

Kerala High Court

Anitha vs Poomangalam Service Co –Operative Bank ... 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. 12700 OF 2024
PETITIONER/S:

          ANITHA
          AGED 54 YEARS
          W/O SUDHAKARAN, VADASSERRY HOUSE, POOMANGALAM VILLAGE,
          ARIPALAM P.O., MUKUNDAPURAM TALUK, THRISSUR., PIN -
          680688
          BY ADV RAJESH CHAKYAT


RESPONDENT/S:

    1     POOMANGALAM SERVICE CO -OPERATIVE BANK LTD NO.R-712
          POOMANGALAM P.O., THRISSUR DISTRICT. REP. BY ITS
          SECRETARY., PIN - 680688
    2     ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          MUKUNDAPURAM, ASST. REGISTRAR OF CO-OPERATIVE SOCIETY
          (GENERAL) OFFICE IRINJALAKUDA P.O., MUKUNDAPURAM,
          THRISSUR., PIN - 680121
    3     THE SPECIAL SALE OFFICER
          IRINJALAKUDA SCB GROUP, ASST. REGISTRAR OF CO-OPERATIVE
          SOCIETY (GENERAL) OFFICE, IRINJALAKUDA P.O.,
          MUKUNDAPURAM, THRISSUR., PIN - 680121
          BY ADVS.
          SRI.K.JAGADEESH
          SRI.V.RENJU
          SRI.NIKHEL K GOPINATH
     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. 12700 OF 2024

                                            2

                                      JUDGMENT

When this matter was called today, the

learned Standing Counsel for the 1st respondent -

Poomangalam 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.6,02,980/-, which is the sum

outstanding therein, as on 11.04.2024, along with

all applicable charges and interest, provided same

is paid by her in not more than 15 equal monthly

installments.

2. The learned counsel for the petitioner -

Sri.Rajesh Chakyat.C, 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 15 equal monthly

installments commencing from 01.06.2024. WP(C) NO. 12700 OF 2024

Needless to say, if the amounts as afore are

paid by the petitioner, the account will stand

closed and the Poomangalam 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.P1, 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.P1 will stand deferred.

Sd/-

DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO. 12700 OF 2024

APPENDIX OF WP(C) 12700/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE NOTICE DATED 21.02.2024 BY THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 19.03.2024 AND ITS POSTAL RECEIPT