Citation : 2024 Latest Caselaw 15507 Ker
Judgement Date : 5 June, 2024
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. 19052 OF 2024
PETITIONER:
SANOJ.N.S, AGED 38 YEARS
S/O N K SOMAN NEDIYANICKEL HOUSE
KUDAYATHOOR P O, KUDAYATHOOR
IDUKKI DISTRICT-, PIN - 685590.
BY ADVS.
BINDUMOL JOSEPH
RIYAS M.B.
ARUN JOSE THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPLE SECRETARY TO REVENUE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-, PIN - 695001.
2 DISTRICT COLLECTOR,
COLLECTORATE IDUKKI, KUYILIMALA,
PAINAV P.O., IDUKKI-, PIN - 685603.
3 TAHASILDAR
THODUPUZHA TALUK MUVATTUPUZHA ROAD
THODUPUZHA IDUKKI DISTRICT-, PIN - 685584.
4 CANARA BANK,
REPRESENTED BY ITS BRANCH MANAGER
THODUPUZHA BRANCH, PUTHIYAKUNNEL BUILDING,
GROUND FLOOR KANJIRAMATTOM BYEPASS ROAD
IDUKKI DISTRICT-, PIN - 682005.
BY ADV.
SRI.M.GOPIKRISHNAN NAMBIAR
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19052 OF 2024
-2-
JUDGMENT
When this matter was called today,
Sri.M.Gopikrishnan Nambiar - learned Standing
Counsel for the respondent - Bank, submitted
that, apart from the two loan facilities
mentioned in this Writ Petition, petitioner has
another, which is also in default. He added that
the Bank can give any indulgence to him only if
he pays all three loans.
2. The learned Standing Counsel says that,
if the petitioner is interested, he can be
allowed to pay off the total amount in the three
loan accounts, which is a sum of Rs.14,22,941/-
as on 05.06.2024, along with all applicable
charges and interest, provided he pays the same
in not more than 18 equal monthly instalments.
3. Smt.Bindumol Joseph - learned counsel for
the petitioner, accepted the afore suggestion. WP(C) NO. 19052 OF 2024
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 instalments, commencing from
15.07.2024.
Needless to say, if the petitioner continues
to pay as afore, all action pursuant to Exts.P1
and P2 will stand deferred; but if he defaults
payment of any two instalments as ordered above,
necessary action for recovery can be taken
forward, without having to obtain further orders
from this Court.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 19052 OF 2024
APPENDIX OF WP(C) 19052/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE NOTICE ISSUED BY THE 3 RD RESPONDENT, DATED 29/11/2023 BEARING NO. 2022/5215/06 FOR THE LOAN AVAILED FOR 3 'SREELAKSHMI PHOTOSTAT'
EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED BY THE 3 RD RESPONDENT DATED 29/11/2023 BEARING NO. 2022/5225/06 FOR THE LOAN AVAILED FOR 'PERFECT LASER PRINTERS'
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