Harish N vs Senior Inspector /Special Sale ...
2024 Latest Caselaw 9962 Ker

Kerala High Court

Harish N vs Senior Inspector /Special Sale ... on 5 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                          WP(C) NO. 8895 OF 2024
PETITIONER:

              HARISH N
              AGED 65 YEARS
              S/O NARENDRAN NAIR, SREEHARI VEEDU, CHIRAYINKEEZHU TALUK,
              CHIRAYINKEEZHU, THIRUVANANTHAPURAM., PIN - 695304
              BY ADVS.
              M.R.SASITH
              R.K.CHIRUTHA


RESPONDENTS:

     1        SENIOR INSPECTOR /SPECIAL SALE OFFICER, (ARBITRATOR)
              OFFICE OF THE ASISTANT REGISTRAR OF COOPERATIVE SOCIETIES
              (GENERAL), CHIRAYINKEEZHU,THIRUVANANTHAPURAM., PIN -
              695304
     2        THE SECRETARY
              CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK,
              CHIRAYINKEEZHU,THIRUVANANTHAPURAM., PIN - 680310

              BY ADV LIJU MP (R1 & R2)


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
     WP(C) NO. 8895 of 2024
                                      2

                                 JUDGMENT

When this matter was called today, the

learned Standing Counsel for the 2nd respondent

- 'Chiryinkeezhu Service Co-operative Bank'

("Bank" for short), submitted that the loan

account of the petitioner involved in this case

can be settled for a total amount of

Rs.24,19,816/-, as on 30.03.2024, along with all

applicable charges and interest, provided same

is paid by him in not more than 18 equal monthly

installments.

2. The learned counsel for the petitioner -

Sri.M.R.Sasith, accepted the afore suggestion.

Taking note of the afore submissions and in

order to obtain a balance between the rival

interests of the parties, I allow this writ

petition, permitting the petitioner to pay off

the aforementioned amount, along with all WP(C) NO. 8895 of 2024

applicable charges and interest, in 18 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 him all

security documents as are necessary; but, if on

the contrary, any two instalments 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 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/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 8895 of 2024

APPENDIX OF WP(C) 8895/2024

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE AWARD DATED 11.01.2022 ISSUED BY THE 1ST RESPONDENT