Kerala High Court
Hameed Rawther P.K vs Vazhoor Farmers Service Co-Operative ... 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. 9788 OF 2024
PETITIONER:
HAMEED RAWTHER P.K., AGED 74 YEARS
S/O KHAN RAWTHER, BARKATHIYA MANZIL,
KANAM P.O., KANGAZHA, KOTTAYAM DISTRICT,
PIN - 686515
BY ADVS.
MANOJ RAMASWAMY
JOLIMA GEORGE
APARNA G.
C.B.SABEELA
SHYLAKUMARI C.C.
RESPONDENTS:
1 VAZHOOR FARMERS SERVICE CO-OPERATIVE BANK LTD.
NO. 2278, PULLIKKAL KAVALA P.O., VAZHOOR,
KOTTAYAM, REPRESENTED BY ITS SECRETARY/ BRANCH
MANAGER, PIN - 686504
2 THE SECRETARY/ BRANCH MANAGER, VAZHOOR FARMERS
SERVICE CO-OPERATIVE BANK LTD. NO. 2278, PULLIKKAL
KAVALA P.O., VAZHOOR, KOTTAYAM, PIN - 686504
3 THE SPECIAL SALE OFFICER AND ASSISTANT REGISTRAR
KANGAZHA SERVICE CO-OPERATIVE BANK GROUP, O/O
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
CHANGANASSERY, KOTTAYAM, PIN - 686401
BY ADVS.
NANDAGOPAL S.KURUP
ADITH KIRAN R.S.(K/003142/2022)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 9788/24
2
JUDGMENT
When this matter was called today, the learned Standing
Counsel for the respondent-Bank, submitted that the petitioner has
paid an amount of Rs.4,00,000/- as per the interim order of this
Court dated 12.03.2024 and that his loan account can be settled for
a total amount of Rs.40,07,957/-, as on 06.02.2024, along with all
applicable charges and interest, provided same is paid by him in
not more than 18 equal monthly installments.
2. The learned counsel for the petitioner - Sri.Manoj
Ramaswamy, accepted the afore suggestion.
Taking note of the afore submissions, I allow this Writ
Petition, permitting the petitioner to pay off the aforementioned
amount, along with all applicable charges and interest, in 18 equal
monthly installments commencing from 01.06.2024.
Needless to say, if the amounts as afore are paid by the
petitioner, the account will stand closed and the Bank will return
to him all security documents as are necessary; but, if on the
contrary, any two installments 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 and P2 without having to
obtain further orders 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
and P2 will stand deferred.
After I dictated this part of the judgment, the learned counsel
for the petitioner pleaded that her client be also allowed to
approach the Bank for a One-Time-Settlement, if entitled.
Of course, this liberty is always available to the petitioner,
subject to the decision to be taken by the Bank.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 9788/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 06.02.2024
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER WITH RESPECT TO LOAN NO. MT
Exhibit P2 TTRUE COPY OF THE NOTICE DATED 06.02.2024
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER WITH RESPECT TO LOAN NO. MT
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
14.02.2024 SUBMITTED BEFORE THE 2ND
RESPONDENT
Exhibit P4 TRUE COPY OF THE PAPER PUBLICATION
PUBLISHED IN THE 'MALAYALA MANORAMA
DAILY' ON 29.02.2024
