Sajeev P K vs Special Sale Officer
2024 Latest Caselaw 10982 Ker

Kerala High Court

Sajeev P K vs Special Sale Officer 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. 14737 OF 2024
PETITIONER:

          SAJEEV P K
          AGED 47 YEARS
          PULIKKILEDATH(H) KANALMUPPU SANTHANPARA PETHOTTY,
          UDUMBANCHOLA, IDUKKI DISTRICT, PIN - 685619
          BY ADVS.
          MEERA J. MENON
          DHEERAJ BABY
          NANDITHA S.
          MEENAKSHY R.


RESPONDENTS:

    1     SPECIAL SALE OFFICER
          OFFICE OF ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
          MCARD BANK LTD. NO. K. 352, O/O THE, UDUMBANCHOLA,
          NEDUMKANDAM, IDUKKI DISTRICT, PIN - 685553
    2     MALANAD COOPERATIVE AGRICULTURAL & RURAL
          DEVELOPMENT BANK LTD
          REPRESENTED BY ITS SECRETARY, NO.K 352, NEDUMKANDAM,
          IDUKKI DISTRICT, PIN - 685553
          BY ADVS.
          JASMINE V.H.
          GILDA DAVIS(K/001134/2024)
          JOHIN JOHNSON(K/000645/2024)
          JIBI JOHNSON(K/000447/2024)


     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. 14737 OF 2024              2

                              JUDGMENT

When this matter was called today, Smt.V.H.Jasmine - learned

Standing Counsel for the 2nd respondent - Bank, submitted that, the

total outstanding in the loan account of the petitioner, as on

12.04.2024, is Rs.10,74,893/-; and that if he is willing to pay the same in

not more than 20 equal monthly installments, her client will not stand in

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

2. Smt.Meera J.Menon - 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.10,74,893/- as on 12.04.2024, with all applicable

charges and interest, in 20 equal monthly installments commencing

from 01.06.2024. If this is done, the 2nd respondent - Bank shall close

the loan account and return the security documents 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 & P2 will stand

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

above, the 2nd 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/16.4

APPENDIX OF WP(C) 14737/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT IN DATED 19/02/2024.

Exhibit P2 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT DATED 20/03/2024 .