Ambika M. A vs Brahmamangalam Gramaswaraj Service ...
2024 Latest Caselaw 10654 Ker

Kerala High Court

Ambika M. A vs Brahmamangalam Gramaswaraj Service ... 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. 1227 OF 2022
PETITIONER:
           AMBIKA M. A., W/O. SASI, MADATHEDATH HOUSE,
           BRAHMAMANGALAM P. O., KOTTAYAM DISTRICT - 686605.

          G.HARIHARAN
          PRAVEEN.H.
          K.S.SMITHA
          V.R.SANJEEV KUMAR


RESPONDENTS:
     1     BRAHMAMANGALAM GRAMASWARAJ SERVICE CO-OPERATIVE BANK
           LTD. NO.2966, BRAHMAMANGALAM P. O., KOTTAYAM DISTRICT -
           686605, REPRESENTED BY ITS SECRETARY.

    2     SPECIAL SALE OFFICER, BRAHMAMANGALAM GRAMASWARAJ
          SERVICE CO-OPERATIVE BANK LTD. NO.2966, NJIZHOOR UNIT,
          VAIKOM P. O., KOTTAYAM DISTRICT - 686612.

    3     REGISTRAR OF CO-OPERATIVE SOCIETIES
          OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P. O.,
          THIRUVANANTHAPURAM - 695014.

    4     STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY
          TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    5     RESERVE BANK OF INDIA, LISSIE JUNCTION, ERNAKULAM
          NORTH, ERNAKULAM - 682018, REPRESENTED BY ITS MANAGER.

    6     UNION OF INDIA, REPRESENTED BY THE PRINCIPAL SECRETARY
          TO GOVERNMENT, MINISTRY OF FINANCE AND BANKING AFFAIRS,
          SANSAD MARG, NEW DELHI - 110 001.

          A.AMRUTHA VIDYADHARAN
          RAHUL RAJ
          F.ANCY


     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. 1227 OF 2022
                                   2


                              JUDGMENT

When this matter was called today, the learned Standing

Counsel for the respondent - Society, submitted that if the

petitioner is interested, she can be allowed to pay off the total

amount in her loan account, which is a sum of Rs.17,43,343/- as on

01.04.2024, along with all applicable charges and interest,

provided he pays Rs.2,00,000/- on or before 01.06.2024 and the

balance in not more than 12 equal monthly installments

commencing from 01.07.2024.

2. Sri.Praveen Hariharan - learned counsel for the petitioner,

accepted the aforesaid suggestion.

Taking note of the afore submissions, I allow this writ

petition, permitting the petitioner to pay Rs.2,00,000/- on or before

01.06.2024 and the balance in 12 equal monthly installments,

along with all applicable charges and interest, starting from

01.07.2024.

Needless to say, if the petitioner makes default on payment of

two installments as ordered above, all further action pursuant

thereto can be taken forward, without having to obtain further

orders from this Court.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 1227 OF 2022

APPENDIX OF WP(C) 1227/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PASS BOOK ISSUED BY THE 1ST RESPONDENT BANK FOR LOAN NO.19 DATED 18.09.2021 IN THE NAME OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 14.01.2021 ISSUED BY THE 2ND RESPONDENT ADDRESSED TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE CIRCULAR NO.RBI/2019-20/186 DATED 27.03.2020 ISSUED BY THE 5TH RESPONDENT AS A PART OF COVID - 19 REGULATORY PACKAGE.

Exhibit P4 TRUE COPY OF THE CIRCULAR NO.RBI/2020-21/16 ON 06.08.2020 ISSUED BY THE 5TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE RELIEF PACKAGE NOTIFICATION ISSUED BY THE RESERVE BANK OF INDIA ON 23.05.2020.

Exhibit P6 TRUE COPY OF CIRCULAR NO.47/2020 DATED 28.05.2020 ISSUED BY THE 3RD RESPONDENT.