Kerala High Court
Salesh vs 1. Chalakudy Taluk Primary ... 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. 11905 OF 2024
PETITIONER:
SALESH
AGED 49 YEARS, S/O SANKUNNI,
ALUKKATHARA HOUSE, POOLANI, MELUR,
THRISSUR, PIN - 680311
BY ADVS.
S.MUMTAZ
ALISHA ASLAM
AMINA RUBY FAIZAL
RESPONDENTS:
1 CHALAKUDY TALUK PRIMARY CO-OPERATIVE
AGRICULTURAL RURAL DEVELOPMENT BANK LTD
NO. P. 1452, REPRESENTED BY ITS SECRETARY,
NEAR PRIVATE BUS STAND, CHALAKUDY, PIN- 680 307
REPRESENTED BY ITS SECRETARY, NEAR PRIVATE
BUS STAND, CHALAKUDY, PIN - 680307
2 ASST REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE ASST REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), CHALAKKUDY, PIN - 680307
3 THE SPECIAL SALE OFFICER
CHALAKUDY TALUK PRIMARY CO-OPERATIVE
AGRICULTURAL RURAL DEVELOPMENT BANK LTD
NO. P. 1452, NEAR PRIVATE BUS STAND,
CHALAKUDY, PIN - 680307
4 REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, THIRUVANANTHAPURAM, PIN - 695001
5 STATE OF KERALA
REP BY THE SECRETARY, CO-OPERATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY ADV.
SRI.P.C SASIDHARAN
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.11905 of 2024
:2:
JUDGMENT
When this matter was called today, Sri.P.C.Sasidharan -
learned Standing Counsel for the respondent Bank, submitted
that the petitioner availed of three loans from the Bank; two of
which can be regularised, and one of which will have to be paid
off in full, because it is an Overdraft. He added that, the
overdue amount in the two Loan Accounts is Rs.4,28,231/-,
while the total outstanding in the Overdraft Account is
Rs.2,03,813/-, both as on 01.04.2024, and that if the petitioner is
willing to pay off the amounts, along with regular EMIs in the
Loan Accounts which are sought to be regularised, in not more
than 12 equal monthly installments, the Loan Accounts can be
regularised and the Overdraft Account can be closed.
2. Smt.Mumtaz Shumsuddin - learned counsel for the
petitioner, acceded to pay the afore amounts; and prayed that
the Loan Accounts be ordered to be regularised and the
Overdraft Account closed.
3. Taking note of the afore submissions, I allow this Writ
Petition and permit the petitioner to pay off the overdue
amount of Rs.4,28,231/- in the Loan Accounts and the total
outstanding amount of Rs.2,03,813/- in the Overdraft Account,
both as on 01.04.2024, along with all applicable charges and
interest, in 12 installments, commencing from 15.05.2024. The
overdue amount in the Loan Accounts shall be paid along with
the regular EMI's, without any default in either of them.
Needless to say, if the amounts are paid by the petitioner as
afore, his Loan Accounts will stand regularised and the
Overdraft Account will stand closed; but should he default in
payment of the above or two of the regular EMIs in the Loan
Accounts sought to be regularised, then the benefit of this
judgment will be lost to him; and necessary recovery action can
be continued against him, without the Bank having to obtain any
further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 11905/2024
PETITIONER EXHIBITS
Exhibit P 1 TRUE COPY OF THE SALE NOTICE DATED NIL
ISSUED BY THE 3RD RESPONDENT
RESPONDENTS' EXHIBITS : NIL.
