Nilesh vs The Ochanthuruthu ...
2024 Latest Caselaw 10621 Ker

Kerala High Court

Nilesh vs The Ochanthuruthu ... 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. 12632 OF 2024
PETITIONER:

          NILESH,
          AGED 50 YEARS
          S/O MICHEAL, RESIDING AT PADATHUPARAMBIL,
          OCHANTHURUTHU P.O, VYPIN, ERNAKULAM DISTRICT,
          PIN - 682511
          BY ADV P.T.SHEEJISH


RESPONDENTS:

    1     THE OCHANTHURUTHU SERVICECO-OPERATIVE BANK LTD.
          NO. 72, VALAPPU BRANCH,REPRESENTED BY ITS
          BRANCH MANAGER,OCHANTHURUTHU P.O,
          ERNAKULAM DISTRICT, PIN - 682508
    2     SPECIAL SALE OFFICER,
          OCHANTHURUTH SERVICE CO-OPERATIVE BANK LTD NO. 72
          GROUP, ASSISTANT REGISTRAR (GENERAL OFFICE),
          KOCHI,ERNAKULAM DISTRICT, PIN - 682511
          BY ADVS.
          Ashok Shenoy B
          P.S.GIREESH(K/341/2013)
          SALIH P.A.(K/422/2020)
          THEJALAKSHMI R.S.(K/001390/2022)
          UMASANKER U.U.(K/002793/2023)


     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. 12632 OF 2024             2

                              JUDGMENT

When this matter was called today, Sri.P.S.Gireesh - learned

Standing Counsel for the respondent - Bank, submitted that, the total

outstanding in the loan account of the petitioner, as on 11.04.2024, is

Rs.22,28,889/-; and that if he is willing to pay the same in not more

than 18 equal monthly installments, his client will not stand in the way

of this Court disposing of this writ petition on such terms.

2. Sri.P.T.Sheejish - learned counsel for the petitioner, fully

agreed to the afore and prayed that this writ petition be thus ordered.

In the afore circumstances, I allow this writ petition, granting

liberty to the petitioner to pay the total outstanding amount in the loan

account, namely, Rs.22,28,889/- as on 11.04.2024, with all applicable

charges and interest, in 18 equal monthly installments commencing

from 01.06.2024. If this is done, the respondent - Bank shall close the

loan account and return the security documents and title deeds to him,

on proper receipt.

Needless to say, as long as the petitioner pays as per the above

directions, all further action pursuant to Exts.P1 and P2 will stand

deferred; but if he defaults payment of two consecutive installments as

ordered above, the respondent - Bank will be at full liberty to invoke

appropriate remedies for recovery of the total balance amount as per

law, without having to obtain any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/11.4

APPENDIX OF WP(C) 12632/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 14.12.2023 ISSUED BY THE 1STRESPONDENT Exhibit P2 TRUE COPY OF THE NOTICE DATED 14.03.2024 ISSUED BY THE 2ND RESPONDENT