Arundas K.D vs The Branch Manager
2024 Latest Caselaw 10870 Ker

Kerala High Court

Arundas K.D vs The Branch Manager on 12 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                       WP(C) NO. 14996 OF 2024
PETITIONER:

          ARUNDAS K.D., AGED 55 YEARS
          S/O DHANANJAYAN, KANADI HOUSE, NEAR DD SABHA TEMPLE
          CHENDAMANGALAM P.O, ERNAKULAM, PIN - 683512

          K.C.BEENA
          ANUROOPA JAYADEVAN



RESPONDENTS:

    1     THE BRANCH MANAGER
          KERALA STATE CO-OPERATIVE BANK LTD. NORTH PARAVOOR MAIN
          BRANCH, MAIN ROAD, N. PARAVOOR, PIN - 683513

    2     THE AUTHORIZED OFFICER,
          BRANCH MANAGER/ ASST, KERALA STATE CO-OPERATIVE BANK
          LTD. NORTH PARAVOOR MAIN BRANCH, MAIN ROAD,
          N. PARAVOOR, ERNAKULAM DISTRICT, PIN - 683513

    3     THE DISTRICT COLLECTOR
          ERNAKULAM DISTRICT, ERNAKULAM, PIN - 682030

          SMT.K.AMMINIKUTTY - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14996 OF 2024
                                 2


                             JUDGMENT

When this matter was called today, Smt.K.Amminikutty -

learned Standing Counsel for the respondent - Society, submitted

that if the petitioner is interested, he can be allowed to pay off

the overdue amount in his loan account in instalments, so that

the said account can then be regularised. He submitted that the

overdue in the Loan Account of the petitioner, as on 12.04.2024,

is Rs.2,47,431/-; and that if this Court is so inclined, the

petitioner can be allowed to pay off the said amount in not more

than ten instalments, provided he pays the same along with

regular EMIs without default.

2. Taking note of the afore submissions, I allow this writ

petition and permit the petitioner to pay off the overdue amount

of Rs.2,47,431/- as on 12.04.2024, along with all applicable

charges and interest, in ten instalments, commencing from

01.06.2024. These payments shall be made along with the

regular EMIs, without any default in either of them.

Needless to say, if the overdue amount is paid by the

petitioner as afore, his account will stand regularised; but should

he default in payment of two consecutive instalments, as ordered

by this Court, or any of the regular EMIs, then the benefit of this WP(C) NO. 14996 OF 2024

judgment will be lost to him; and necessary recovery action can

be continued against him, without having to obtain further orders

from this Court.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 14996 OF 2024

APPENDIX OF WP(C) 14996/2024

PETITIONER EXHIBITS

Exhibit P1 THE DEMAND NOTICE BEARING NO. 015/768/1 DATED 25.01.2024 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

Exhibit P2 A REPRESENTATION WAS FILED BEFORE THE RESPONDENT BY THE PETITIONER ON 20.03.2024