Mohammed Perumbala vs Perinthalmanna Cooperative ...
2024 Latest Caselaw 9572 Ker

Kerala High Court

Mohammed Perumbala vs Perinthalmanna Cooperative ... on 4 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                      WP(C) NO. 10944 OF 2024
PETITIONER:

             MOHAMMED PERUMBALA
             AGED 57 YEARS, S/O MOIDHEEN MOLLA,
             PERUMBALA HOUSE ALIPARAMBA P.O,
             PERINTHALMANNA, MALAPPURAM, PIN - 679357
             BY ADVS.
             K.I.SAGEER
             ABDUL RASHEED

RESPONDENTS:

       1     PERINTHALMANNA COOPERATIVE AGRICULTURAL
             AND RURAL DEVELOPMENT BANK, REPRESENTED
             BY ITS SECRETARY PERINTHALMANNA P.O,
             MALAPPURAM, PIN - 679322
       2     SECRETARY
             PERINTHALMANNA COOPERATIVE AGRICULTURAL
             AND RURAL DEVELOPMENT BANK, PERINTHALMANNA P.O,
             MALAPPURAM, PIN - 679322
       3     SPECIAL SALE OFFICER
             PERINTHALMANNA COOPERATIVE AGRICULTURAL
             AND RURAL DEVELOPMENT BANK, PERINTHALMANNA P.O,
             MALAPPURAM, PIN - 679322
             BY ADVS.
             V KRISHNA MENON
             P.VIJAYAMMA(K/116/1970)
             J.SURYA(K/1007/2005)
             PRINSUN PHILIP(K/818/2009)
             V.KRISHNA MENON - SC



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    04.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.10944 of 2024
                                 :2:



                            JUDGMENT

When this matter was called today, Sri.V.Krishna Menon -

learned Standing Counsel for the respondent Bank, submitted

that, since the petitioner did not comply with the condition

attached to the interim order dated 19.03.2024, his property

has been sold and purchased by his client in a valid auction.

He added that, nevertheless, if the petitioner is willing to pay

the total amount due to his client, namely Rs.15,33,000/- as on

28.03.2024, along with all applicable charges and interest as

also the auction expenses, in not more than 15 equal monthly

installments, the sale will be cancelled and the property

delivered to him, along with its title documents. He submitted

that, no further indulgence may, however, be shown to the

petitioner.

2. Sri.K.I.Sageer - learned counsel for the petitioner, fully

agreed to the afore 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.15,33,000/- as on

28.03.2024, with all applicable charges and interest as also the

auction expenses, in 15 equal monthly installments

commencing from 15.05.2024. If this is done, the Bank shall

close the Loan account and return the security 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.P2 will

stand deferred; but if he defaults payment of any two

consecutive installments as ordered above, the Bank will be at

full liberty to confirm the sale in their name and proceed

further; however, after returning any amount that may be paid

by the petitioner, under the directions in this judgment, without

having to obtain any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm

APPENDIX OF WP(C) 10944/2024

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE JUDGMENT DATED 05.07.2023 IN WRIT PETITION (CIVIL) NO.14005/2023 OF THIS HON'BLE COURT Exhibit-P2 A TRUE COPY OF THE SALE NOTICE DATED 21.02.2024 ISSUED BY THE 3RD RESPONDENT

RESPONDENTS' EXHIBITS : NIL.