Kerala High Court
Hydrose vs M/S. Kunnathunadu Taluk Primary ... 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. 14114 OF 2024
PETITIONERS:
1 HYDROSE, AGED 65 YEARS, S/O SAITHU MUHAMMED,
RESIDING AT KUMMATTU PUTHAN PURAYIL,KAITHAKKATU
HOUSE, PATTIMATTOM P.O.,ERNAKULAM DISTRICT,
PIN - 683562
2 AJAZ K.H., AGED 31 YEARS, S/O HYDROSE, RESIDING
AT KUMMATTU PUTHAN PURAYIL,KAITHAKKATU HOUSE,
PATTIMATTOM P.O.,ERNAKULAM DISTRICT, PIN - 683562
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
B.R.SINDU
V.R.SANJEEV KUMAR
V.ROHITH
AFNA V.P.
RESPONDENTS:
1 M/S. KUNNATHUNADU TALUK PRIMARY CO-OPERATIVE
AGRICULTURAL RURAL DEVELOPMENT BANK LTD.,
NO: E 982, [REPRESENTED BY ITS SECRETARY]
KUZHUPALLI KAVU ROAD, PERUMBAVOOR, ERNAKULAM,
PIN - 683542
2 JUNIOR OFFICER/SPECIAL SALE OFFICER
M/S. KUNNATHUNADU TALUK PRIMARY CO-OPERATIVE
AGRICULTURAL RURAL DEVELOPMENT BANK LTD.,
NO: E 982, KUZHUPALLI KAVU ROAD, PERUMBAVOOR,
ERNAKULAM, PIN - 683542
3 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL), PERUMBAVOOR ,
ERNAKULAM DISTRICT, PIN - 683542
4 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
5TH FLOOR, NEW BLOCK, CIVIL STATION, THRIKKAKARA,
KAKKANAD, ERNAKULAM, PIN - 682030
WPC 14114/24
2
5 RESERVE BANK OF INDIA, NEAR LISSIE HOSPITAL,
ERNAKULAM NORTH, KALOOR, ERNAKULAM REPRESENTED
BY ITS AUTHORISED OFFICER, PIN - 682018
SRI.MUHAMMED SHAD K.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 14114/24
3
JUDGMENT
When this matter was called today, the learned Standing
Counsel for the respondent-Bank, submitted that the loan account
of the petitioners involved in this case can be settled for a total
amount of Rs.17,14,258/-, as on 12.04.2024, along with all
applicable charges and interest, provided same is paid by them in
not more than 15 equal monthly installments.
2. The learned counsel for the petitioners -
Sri.G.Hariharan., accepted the afore suggestion.
Taking note of the afore submissions, I allow this Writ
Petition, permitting the petitioners to pay off the aforementioned
amount, along with all applicable charges and interest, in 15 equal
monthly installments commencing from 01.06.2024.
Needless to say, if the amounts as afore are paid by the
petitioners, the account will stand closed and the Bank will return
to them 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 them and the Bank will be at full liberty
to pursue further action pursuant to Ext.P3 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.P3
will stand deferred.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 14114/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PAYMENT DETAILS OF
RS.1,25,000/- MADE BY THE PETITIONERS ON
15.08.2023 TO THE 1ST RESPONDENT BANK
VIDE TRANSACTION NO. 232278303139
Exhibit P2 A TRUE COPY OF THE PAYMENT DETAILS OF
RS.1,25,000/- MADE BY THE PETITIONERS ON
21.08.2023 TO THE 1ST RESPONDENT BANK
VIDE TRANSACTION NO. 232331075989
Exhibit P3 A TRUE COPY OF THE AUCTION NOTICE ISSUED
BY THE 2ND RESPONDENT ADDRESSED TO THE
PETITIONER ON 10.07.2023
Exhibit P4 A TRUE COPY OF THE CIRCULAR NO. RBI/2022-
23/108 DOR.ORG.REC.65/21.04.158/2022-23
ISSUED BY THE RESERVE BANK OF INDIA ON
12.08.2022
Exhibit P5 A TRUE COPY OF THE GUIDELINE ISSUED BY
THE RESERVE BANK OF INDIA IN THE MALAYALA
MANORAMA DAILY NEWSPAPER ON 01.04.2024
