Kerala High Court
Rajamani vs The Chittur Primary Co-Operative ... 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. 4588 OF 2024
PETITIONER:
RAJAMANI, AGED 84 YEARS, S/O. LATE SANKARAN,
ANARPADAM KALAM, PALLASSANA P.O, PALAKKAD
DISTRICT, PIN - 678505
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
RESPONDENTS:
1 THE CHITTUR PRIMARY CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LIMITED NO. P-619
REPRESENTED BY ITS SECRETARY, CHITTUR P.O,
PALAKKAD DISTRICT, PIN - 678101
2 THE SPECIAL SALE OFFICER, CHITTUR PRIMARY CO-
OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK
LIMITED NO. P-619, CHITTUR P.O, PALAKKAD DISTRICT,
PIN - 678101
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), PALAKKAD, OFFICE OF THE JOINT REGISTRAR
OF CO-OPERATIVE SOCIETIES (GENERAL), FIRST FLOOR,
CIVIL STATION, PALAKKAD DISTRICT, PIN - 678001
BY ADVS.
G.HARIHARAN
PRAVEEN.H.(K/1441/2002)
K.S.SMITHA(K/106/2012)
B.R.SINDU(K/632/2002.)
V.R.SANJEEV KUMAR(K/000741/2017)
SRI.V.ROHITH - R1, R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 4588/24
2
JUDGMENT
When this matter was called today, the learned Standing
Counsel for the respondent-Bank, submitted that the total
outstanding in the loan account of the petitioner comes to
Rs.7,95,000/- and overdue in another comes to Rs.3,20,000/- as on
04.04.2024; and if he is willing to pay off the same in 18 equal
monthly installments, commencing from 30.05.2024, the first one
can be closed and the second one regularised.
2. The learned counsel for the petitioner - Sri.Jacob
Sebastian accepted the afore suggestion.
Taking note of the afore submissions, I allow this Writ
Petition, permitting the petitioner to pay off the aforementioned
amount, along with all applicable charges and interest, in 18 equal
monthly installments commencing from 30.05.2024; in which event,
the first loan account will stand closed and the second one
regularised, provided he pays the regular EMIs along with it.
Needless to say, if the amounts as afore are paid by the
petitioner, the first account will stand closed and the Bank will
return to him all security documents as are necessary; while the
latter regularised; but, if on the contrary, any two consecutive
installments are defaulted, the benefit of this judgment will be lost
to him and the Bank will be at full liberty to pursue further action
pursuant to Exts.P1 to P3 without having to obtain further orders
from this Court.
It is also needless to say, therefore, that as long as the
amounts as afore are paid, all further action pursuant to Exts.P1 to
P3 will stand deferred.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 4588/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE RECEIPTS DATED
09.03.2022 ISSUED BY THE FIRST
RESPONDENT BANK IN RELATION TO THE
PAYMENTS MADE BY THE PETITIONER INTO THE
LOAN ACCOUNT RECENTLY.
Exhibit-P1(a) A TRUE COPY OF THE RECEIPTS DATED
16.01.2023 ISSUED BY THE FIRST
RESPONDENT BANK IN RELATION TO THE
PAYMENTS MADE BY THE PETITIONER INTO THE
LOAN ACCOUNT RECENTLY.
Exhibit-P2 A TRUE COPY OF THE SALE NOTICE DATED
29.12.2023 IN RELATION TO THE HOUSING
LOAN.
Exhibit-P3 A TRUE COPY OF THE SALE NOTICE DATED
29.12.2023 IN RELATION TO THE
AGRICULTURAL LOAN.
Exhibit-P4 A TRUE COPY OF THE RECEIPT DATED
06.03.2024 ISSUED BY THE SECOND
RESPONDENT.
Exhibit-P5 A TRUE COPY OF THE RECEIPT DATED
19.03.2024 ISSUED BY THE SECOND
RESPONDENT.
