Kerala High Court
Rajani Sreekumar vs The Assistant Registrar Of ... 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. 13776 OF 2024
PETITIONER:
RAJANI SREEKUMAR, AGED 53 YEARS, W/O. SREEKUMAR,
SREENIVAS HOUSE, MANTHANAM P.O., KUNNAMTHANAM,
PATHANAMTHITTA DISTRICT, PIN - 689581
BY ADVS.
M.P.MADHAVANKUTTY
MATHEW DEVASSI
ANANTHAKRISHNAN A. KARTHA
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), OFFICE OF THE ASSISTANT REGISTRAR,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 691523
2 THE SPECIAL SALE OFFICER, OFFICE OF THE ASSISTANT
REGISTRAR, THIRUVALLA, PATHANAMTHITTA DISTRICT,
PIN - 691523
3 THE MUNDIYAPALLY SERVICE CO-OPERATIVE BANK LTD
NO.A-9, MUNDIYAPALLY P.O., THIRUVALLA, PATHANAMTHITTA
DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 689581
4 SECRETARY, MUNDIYAPPALLY SERVICE CO-OPERATIVE BANK
LTD NO.A-9, MUNDIYAPPALLY P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689581
SRI.VISHNU KURUP - SC R3, R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 13776/24
2
JUDGMENT
The petitioner prays that the respondent-Bank be directed to
offer her the benefit of One-Time-Settlement under Ext.P2 Circular,
or in the alternative, they be directed to renew her loan account
on payment of the overdues in equal monthly installments.
2. Sri.Vishnu Kurup - learned Standing Counsel for the
respondent-Bank, submitted that Ext.P2 Circular was in force only
till the end of March 2024 and that the petitioner did not make
any written request for its benefits. He added that, therefore, no
benefit under it can be now granted to the petitioner, though she
can be allowed to pay off the overdue in the loan account,
namely Rs.33,71,730/-, as on 04.04.2024, in not more than 24
equal monthly installments, along with regular EMIs; in which
event, the account can stand regularised/renewed.
3. The learned counsel for the petitioner - Sri.Mathew
Devassi, initially tried to controvert the submission of Sri.Vishnu
Kurup that his client did not apply for the benefit under Ext.P2,
but then conceded that she did not do so through a written
request. He, therefore, submitted that his client will accept the
alternative suggestion made by the learned Standing Counsel.
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 24 equal
monthly installments commencing from 15.05.2024.
Needless to say, if the amounts as afore are paid by the
petitioner, the account will stand closed and the Bank will return
to them all security documents as are necessary; but, if on the
contrary, any two consecutive installments are defaulted, the
benefit of this judgment will be lost to them and the Bank will be
at full liberty to pursue further action pursuant to Ext.P1 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 Ext.P1
will stand deferred.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 13776/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE NOTICE DATED 10-
11-2023 ISSUED BY THE 3RD RESPONDENT
UNDER RULE 74(3) OF THE CO-OPERATIVE
SOCIETIES RULE
Exhibit P2 A TRUE COPY OF THE CIRCULAR DATED 28-02-
