Remanan vs The Special Sale Officer
2024 Latest Caselaw 9966 Ker

Kerala High Court

Remanan vs The Special Sale Officer 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. 8494 OF 2024
PETITIONER:

              REMANAN
              AGED 65 YEARS
              S/O. VELUTHAKUTTY, THODUVELI PADINJATTETHIL, NORTH
              MYNAGAPPALLY, MYNAGAPPALLY, KOLLAM DISTRICT, PIN - 690519
              BY ADV K.RAKESH


RESPONDENTS:

     1        THE SPECIAL SALE OFFICER
              MYNAGAPPALLY SERVICE COOPERATIVE BANK (SCB) GROUP, OFFICE
              OF THE ASSISTANT REGISTRAR (GENERAL), SASTHAMCOTTA,
              KOLLAM DISTRICT, PIN - 690521
     2        THE MYNAGAPPALLY SERVICE COOPERATIVE BANK
              NORTH MYNAGAPPALLY BRANCH, KOLLAM DISTRICT, REPRESENTED
              BY ITS SECRETARY, PIN - 690519
              BY ADVS.
              K.SIJU   SC
              ANJANA KANNATH(K/939/2014)


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.8494 OF 2024
                                          2

                                    JUDGMENT

When this matter was called today, the

learned Standing Counsel for the respondent -

Bank submitted that the loan account of the

petitioner involved in this case can be settled

for a total amount of Rs.7,22,336/-, 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.K.Rakesh, 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

applicable charges and interest, in 18 equal WP(C) NO.8494 OF 2024

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.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 Ext.P3 will stand

deferred.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO.8494 OF 2024

APPENDIX OF WP(C) 8494/2024

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE NOTICE DATED 11-07-2023 ISSUED BY THE 1ST RESPONDENT Exhibit P2 A TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER DATED 29-09-2022 ISSUED FROM PADMAVATHY MEDICAL FOUNDATION Exhibit P3 A TRUE COPY OF THE SALE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 15-01-2024