George vs 1. The Kaduthuruthi Regional Service ...
2024 Latest Caselaw 10974 Ker

Kerala High Court

George vs 1. The Kaduthuruthi Regional Service ... 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. 9728 OF 2024


PETITIONER:

          GEORGE, AGED 67 YEARS, S/O. OUSEPH, KOLATTIN
          KOLLAMPARAMBIL HOUSE, AYANKUDI, MUTTUCHIRA,
          KOTTAYAM, PIN - 686613

          BY ADVS.
          AMJATHA D.A.
          FARHANA K.H.


RESPONDENTS:

    1     THE KADUTHURUTHI REGIONAL SERVICE CO-OPERATIVE
          BANK LTD. NO. 4061, REPRESENTED BY ITS AUTHORISED
          OFFICER, ASSISTANT REGISTRAR (GENERAL) OFFICE,
          VAIKOM, KOTTAYAM, PIN - 686604

    2     SPECIAL SALE OFFICER, KADUTHURUTHI REGIONAL SERVICE
          CO-OPERATIVE BANK LTD. NO, ASSISTANT REGISTRAR
          (GENERAL) OFFICE, VAIKOM, KOTTAYAM, PIN - 686604

          BY ADVS.
          T.R.HARIKUMAR
          ARJUN RAGHAVAN(K/1277/2012)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 9728/24
                                      2

                            JUDGMENT

When this matter was called today, the learned Standing

Counsel for the respondent-Bank, submitted that, even though an

amount of Rs.4 Lakhs was directed to be paid by the petitioner

within a period of one month, through the interim order of this

Court dated 12.03.2024, he has not done so. He added that, if the

petitioner is willing to pay Rs.4 Lakhs on or before 15.05.2024, his

loan account can be settled for a total amount of Rs.37,22,000/-,

as on 12.04.2024, along with all applicable charges and interest,

provided the same is paid by him in not more than 24 equal

monthly installments.

2. The learned counsel for the petitioner - Smt.Amjatha

D.A, accepted the afore suggestion.

Taking note of the afore submissions, I allow this Writ

Petition, directing the petitioner to pay Rs.4 Lakhs on or before

15.05.2024, as also the aforementioned amount, along with all

applicable charges and interest, in 24 equal monthly installments

commencing from 01.07.2024.

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 Ext.P1 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 Ext.P1

will stand deferred.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                               JUDGE



                APPENDIX OF WP(C) 9728/2024

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE SALE NOTICE DATED

08.02.2024 ISSUED BY THE 2ND RESPONDENT