Tessy Allen vs Vazhapally Service Co-Operative ...
2024 Latest Caselaw 9362 Ker

Kerala High Court

Tessy Allen vs Vazhapally Service Co-Operative ... 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. 2872 OF 2024
PETITIONERS:

    1     TESSY ALLEN, AGED 60 YEARS
          W/O ALLEN, VANIYAPURACKAL HOUSE, CHANGANASSERY,
          KOTTAYAM DIST., PIN - 686101

    2     ANVIN ALLEN, AGED 35 YEARS
          S/O ALLEN, VANIYAPURACKAL HOUSE, CHANGANASERY, KOTTAYAM
          DISTRICT, PIN - 686101

    3     ANSON ALLEN, AGED 40 YEARS
          S/O ALLEN, VANIYAPURACKAL HOUSE, CHANGANASERY, KOTTAYAM
          DISTRICT, PIN - 686101

          BY ADV J.ABHILASH


RESPONDENTS:

    1     VAZHAPALLY SERVICE CO-OPERATIVE BANK LTD.K.108
          VAZHAPALLY, CHANGANASSERY,KOTTAYAM, REPRESENTED BY ITS
          SECRETARY, PIN - 686103

    2     SPECIAL SALE OFFICER
          VAZHAPALLY SERVICE CO-OPERATIVE BANK GROUP, OFFFICE OF
          ASSISTANT REGISTRAR CO -OPERATIVE SOCIETIES,
          CHANGANASSERY, KOTTAYAM, PIN - 686101

          BY ADV SHIBU JOSEPH




     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. 2872 OF 2024
                                 2


                             JUDGMENT

When this matter was called today, Sri.Shibu Joseph -

learned standing counsel for the respondents, submitted that

though the petitioners have not complied with the interim order

of this Court dated 24.01.2024, they can still be given the benefit

of paying off the total outstanding in some installments, provided

they pay the amount ordered by this Court by the end of this

month. He added that the total outstanding in the loan account

is Rs.1,55,91,570/- as on 14.03.2024 and that the petitioners can

be allowed maximum of 15 equal monthly instalments.

2. Sri.J.Abhilash - learned counsel for the petitioners,

however, submitted that out of the sum specified in the interim

order of this Court, Rs.5,00,000/- has been paid and only the

balance Rs.10,00,000/- is required to be remitted. On the other

terms, he accepted the suggestion of the learned standing

counsel for the Bank.

3. In the afore circumstances, this writ petition is allowed

directing the petitioner to pay an amount of Rs.10,00,000/- on or

before 30.03.2024 (which is on the understanding that he has

already paid Rs.5,00,000/- as ordered by this Court) and if this is

done, the balance can be allowed to be paid, along with all WP(C) NO. 2872 OF 2024

applicable charges and interest, in 15 equal monthly instalments

commencing from 15.06.2024.

Needless to say, if the petitioners make default on payment

of two installments as ordered above, further action pursuant

thereto can be taken forward, without having to obtain further

orders from this Court.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 2872 OF 2024

APPENDIX OF WP(C) 2872/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AUCTION NOTICE DATED 15/12/2023 ISSUED TO 1ST PETITIONER BY THE SECOND RESPONDENT

Exhibit P2 TRUE COPY OF THE AUCTION NOTICE DATED 15/12/2023 ISSUED TO SECOND PETITIONER BY THE SECOND RESPONDENT

Exhibit P3 TRUE COPY OF THE AUCTION NOTICE DATED 15/12/2023 ISSUED TO THE 3RD PETITIONER BY THE SECOND RESPONDENT