Kerala High Court
Saniya P S vs Kunnathunad Taluk Primary ... 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
W.P.(C) NO.34509 OF 2022
PETITIONER:
SANIYA P.S.,
AGED 35 YEARS, D/O. SALIM,
PALLITHAZHATH HOUSE,
VENGOLA P.O., ERNAKULAM, PIN-683 556.
BY ADVS.
S.RENJITH
P.K.SREEVALSAKRISHNAN
K.R.PRATHISH
MANJUSHA M NAIR
MANASI.M
GIFFIN SHALOO
RESPONDENT:
KUNNATHUNAD TALUK PRIMARY CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD.,
REG NO.E.982, PERUMBAVOOR, PIN-683 542
REPRESENTED BY ITS MANAGER/AUTHORISED OFFICER
ADV.SIRAJ KAROLY
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.34509 of 2022
-:2:-
JUDGMENT
Dated this the 3rd day of April, 2024
When this matter was called today, Sri.Siraj Karoly,
appearing for the respondent Bank, submitted that since the
petitioner refused to abide by any instructions to pay off the
loan liability, the property in question has been sold and
purchased by his client. He, however, conceded that, on
account of the interim order of this Court, the sale has not
been confirmed; and hence that if the petitioner is willing, they
can be allowed to pay off the total liability in the loan account,
which is to a sum of Rs.6,46,262/- as on 19.03.2024, along with
all applicable charges and interest, in not more than 12 equal
monthly instalments, consequent to which, the property can be
returned to them, after cancellation of the sale.
2. Sri.S.Renjith - learned counsel for the petitioner
acceded to the afore suggestion.
3. In the afore circumstances, I allow this writ
petition, permitting the petitioner to pay the afore amount,
along with all applicable charges and interest, in 12 equal
monthly instalments.
4. If the petitioner makes payment as afore, the loan
account will be closed and the sale will be cancelled; thus the
title documents returned to them by the Bank, without any
avoidable delay thereafter.
If, on the contrary, the petitioner defaults two
instalments as ordered above, the Bank will be at full liberty to
continue with the proceedings and confirm the sale in their
favour, since the benefit of the judgment will be lost to the
petitioner; but returning any payments made under this
judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
bpr
APPENDIX OF WP(C) 34509/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PRIVATE COMPLAINT CMP
NO670/2021 DATED 08.09.2021 FILED BY
THE PETITIONER BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT,
PERUMBAVOOR
Exhibit P2 TRUE COPY OF THE SALE PROCLAMATION
NOTICE ISSUED BY RESPONDENT TO THE
PETITIONER DATED 24.09.2022
Exhibit P3 TRUE COPY OF THE POSTAL COVER OF THE
NOTICE ISSUED BY RESPONDENT TO THE
PETITIONER
Exhibit P4 TRUE COPY OF THE TRACK CONSIGNMENT
HISTORY OF THE EXT P2 NOTICE ISSUED BY
RESPONDENT TO THE PETITIONER
