Kerala High Court
K.C. Thomas vs The Mundiappally Co-Operative Bank ... 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. 40 OF 2024
PETITIONER:
K.C. THOMAS
AGED 66 YEARS, S/O K.C. CHACKO,
KULANGARA THEKKENAMPOYKAYAIL,
KUNNATHANAM.P.O., PATHANAMTHITTA - 689581
BY ADVS.
K.G.CLEETUS
N.V.PAUL
RESPONDENTS:
1 THE MUNDIAPPALLY CO-OPERATIVE BANK LTD.
NO.A9, MUNDIAPPALLY.P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689581
REPRESENTED BY ITS SECRETARY
2 SECRETARY
THE MUNDIAPPALLY CO-OPERATIVE BANK LTD.
NO.A9, MUNDIAPPALLY.P.O., THIRUVALLA,
PATHANAMTHITTA, PIN - 689581
3 THE SPECIAL SALE OFFICER
THIRUVALLA SERVICE CO-OPERATIVE BANK GROUP,
OFFICE OF CO-OPERATIVE SOCIETY ASSISTANT
REGISTRAR (GENERAL), THIRUVALLA,
PATHANAMTHITTA, PIN - 689101
BY ADV.
SRI.VISHNU B.KURUP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.40 of 2024
:2:
JUDGMENT
The petitioner seeks a direction to the respondents to allow
him to pay off the liability in the loan account availed off by him
from the 1st respondent Bank, in 18 equal monthly installments.
2. However, in response, Sri.Vishnu Kurup - learned Standing
Counsel for the respondent Bank, submitted that since the
petitioner has not complied with the interim order granted by this
Court on 08.01.2024, and have refused to remit the amount of Rs.2
lakhs as ordered therein, his client will be agreeable to grant any
further relief to the petitioner, only if the same is complied with.
He submitted that, therefore, if the petitioner deposits Rs.2 lakhs
as ordered by this Court earlier, by the end of this month, he can be
allowed to pay off the balance in the loan account in not more than
18 equal monthly installments. He added that the total outstanding
sum, due from the petitioner as on 02.04.2024, is Rs.30,60,928/-.
2. Sri.K.G.Cleetus - learned counsel for the petitioner, fully
agreed to the afore and prayed that this Writ Petition be thus
ordered.
This Writ Petition is thus disposed of, directing the petitioner
to pay an amount of Rs.2 lakhs on or before 30.04.2024; and if this
is complied with, then he will be allowed to pay off the balance
outstanding amount, along with all applicable charges and interest,
in 18 equal monthly installments, commencing from 15.06.2024. If
this is done, the Bank shall close the loan account and return the
security documents to the petitioner, on proper receipt.
Needless to say, as long as the petitioner pays as per the
above directions, all further proceedings to sell the property of the
petitioner will stand deferred; but if he defaults payment of the 1 st
installment or any two other consecutive installments as ordered
above, the 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
anm
APPENDIX OF WP(C) 40/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.10/2007
DATED 2.1.2007 OF S.R.O., MALLAPPALLY
EXECUTED IN THE NAME OF PETITIONER
Exhibit P2 TRUE COPY OF THE AWARD DATED 29.4.2021 IN
FILE NO.201/2020 ON THE FILE OF CO-
OPERATIVE SOCIETIES ARBITRATION AND
EXECUTION INSPECTOR
Exhibit P3 TRUE COPY OF THE NOTICE IN AWARD
NO.201/2020 DATED 24.7.2023 ISSUED BY THE
3RD RESPONDENT TO THE PETITIONER FOR
ATTACHMENT/SALE
Exhibit P4 TRUE COPY OF THE APPLICATION DATED
1.8.2023 SENT BY PETITIONER TO THE 1ST
RESPONDENT BANK
Exhibit P5 TRUE COPY OF THE NOTICE DATED 11.12.2023
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
RESPONDENTS' EXHIBITS : NIL.
