Dhanesh. N.S vs Special Sale Officer
2024 Latest Caselaw 9351 Ker

Kerala High Court

Dhanesh. N.S vs Special Sale Officer on 3 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                        WP(C) NO. 9469 OF 2024
PETITIONER:

          DHANESH N.S
          AGED 36 YEARS
          SON OF SREEDHARAN NADUVILHOUSE, CHITTISSERY,
          THRISSUR DISTRICT, PIN - 680301
          BY ADVS.
          SAIJO HASSAN
          BENOJ C AUGUSTIN
          V.P.REJITHA
          ASWIN K.R.
          NITIN S.
          MEERA J. MENON
          DHEERAJ BABY


RESPONDENTS:

    1     SPECIAL SALE OFFICER
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL)MUKUNDAPURAM, THRISSUR,
          PIN - 680121
    2     THALORE SERVICE COOPERATIVE BANK LTD
          REPRESENTED BY ITS MANAGER, THALORE P.O,
          THRISSUR DISTRICT, PIN - 680306
          BY ADVS.
          G.RANJITA JAISON
          SHIFANA SHAFEEQ(K/000768/2023)
          ASHITHA PAULY(K/000513/2024)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9469 OF 2024               2

                              JUDGMENT

When this matter was called today, Sri.G.Ranjita Jaison - learned

Standing Counsel for respondent - Bank, submitted that, the total

outstanding in the loan account of the petitioner, as on 25.03.2024, is

Rs.17,00,169/-; 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. She added

that, alternatively, her client can also offer a One Time Settlement of

nearly Rs.13 Lakhs to the petitioner, if he is so interested.

2. Sri.Saijo Hassan - learned counsel for the petitioner, fully

agreed to the first offer, explaining that his client has no money to pay

under the OTS settlement; 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.17,00,169/- as on 25.03.2024, with all applicable

charges and interest, in 20 equal monthly installments commencing

from 15.05.2024. If this is done, the respondent - Bank shall close the

loan account and return the security and title 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 Ext.P1 will stand deferred;

but if he defaults payment of two consecutive installments as ordered

above, the 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/3.4

APPENDIX OF WP(C) 9469/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECOVERY NOTICE ISSUED BY THE 1ST RESPONDENT DATED 03/02/2024 Exhibit P2 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT DATED 27.02.2024