Abid Keethedath vs Malapattam Service Co-Operative Bank ...
2024 Latest Caselaw 15493 Ker

Kerala High Court

Abid Keethedath vs Malapattam Service Co-Operative Bank ... on 5 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                       WP(C) NO. 12522 OF 2024
PETITIONER:

          ABID KEETHEDATH, AGED 44 YEARS, S/O.MAMMU,
          KEETHEDATH HOUSE, MALAPATTAM.P.O, MALAPATTAM
          AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT,
          PIN - 670631

          BY ADVS.
          V.T.MADHAVANUNNI
          V.A.SATHEESH
          ANAND V.S


RESPONDENTS:

    1     MALAPATTAM SERVICE CO-OPERATIVE BANK LIMITED
          MALAPATTAM.P.O, TALIPARAMBA TALUK, KANNUR DISTRICT,
          REPRESENTED BY ITS SECRETARY, PIN - 670631

    2     THE SPECIAL SALE OFFICER, KUTTIATTOOR PANCHAYATH
          SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR
          (GENERAL) OF CO-OPERATIVE SOCIETIES, TALIPARAMBA,
          TALIPARAMBA.P.O, KANNUR DISTRICT, PIN - 670141

          BY ADVS.
          M.B.SHYNI
          RAJESH KUMAR R.(K/112/2013)
          V.R.ANILKUMAR(K/001161/2020)
          ELDHOSE JOY(K/172/2022)
          SARAFUDHEEN T.(K/801/2022)
          AJITH P.C.(K/3643/2023)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 12522/24
                                       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.11,42,575/-, as on 05.06.2024, 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.Madhavanunni V.T., 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 15.07.2024.

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 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 and P2 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

and P2 will stand deferred.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                               JUDGE



                APPENDIX OF WP(C) 12522/2024

PETITIONER EXHIBITS
Exhibit P1          TRUE     COPY    OF     THE     AWARD   IN
                    ARC.NO.3067/2022    PASSED   BY   THE  2ND
                    RESPONDENT, DATED 25.11.2022.
Exhibit p2          TRUE COPY OF THE NOTICE ISSUED BY THE

RESPONDENT NO.2 TO THE PETITIONER DATED 12.03.2024 Exhibit P3 A TRUE COPY OF THE CT SCAN REPORT ISSUED FROM A.J.HOSPITAL, MANGALORE TO THE PETITIONER DATED 15.05.2018.