Shobha P vs The Secretary
2024 Latest Caselaw 17241 Ker

Kerala High Court

Shobha P vs The Secretary on 20 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
                       WP(C) NO. 30876 OF 2023
PETITIONER:

          SHOBHA P
          AGED 48 YEARS
          W/O DAMODARAN P, PUTHYAMOOLA, MOOLIYAR PO,
          KASARGOD, PIN - 671542
          BY ADV M.R.SASITH


RESPONDENTS:

    1     THE SECRETARY
          MAHATMA GANDHI HOUSING CO-OPERATIVE SOCIETY LTD.
          MAHATHMA GANDHI NAGAR, MULIYAR PO, MULIYAR VILLAGE,
          KASARGOD TALUK, KASARGOD DISTRICT, PIN - 671542
    2     THE SPECIAL SALE OFFICER
          HOUSE-FED ARBITRATOR, CO-OPERATIVE SOCIETY ASSISTANT
          REGISTRAR (GENERAL) KASARGOD, KASARAGOD,
          KERALA, PIN - 671123
          BY ADVS.
          SURESH KUMAR KODOTH
          ADVOCATE GENERAL OFFICE KERALA
          SUKARNAN(K/001572/2021)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30876 OF 2023            2

                             JUDGMENT

When this matter was called today, Sri.Suresh Kumar Kodoth -

learned Standing Counsel for the 1st respondent - Bank, submitted

that, the total outstanding in the loan account of the petitioner, as on

31.10.2023, is Rs.11,15,223/-; and that if she is willing to pay the same

in not more than 15 equal monthly instalments, his client will not stand

in the way of this Court disposing of this writ petition on such terms.

2. Sri.Sasith M.R. - learned counsel for the petitioner, fully

agreed to the afore and prayed that this writ petition be thus ordered.

In the afore circumstances, I allow this writ petition, granting

liberty to the petitioner to pay the total outstanding amount in the loan

account, namely, Rs.11,15,223/-as on 31.10.2023, with all applicable

charges and interest, in 15 equal monthly instalments commencing

from 30.07.2024. If this is done, the 1st respondent - Bank shall close

the loan account and return the title documents to her, on proper

receipt.

Needless to say, as long as the petitioner pays as per the above

directions, all further proceedings against the petitioner will stand

deferred; but if she defaults payment of two instalments as ordered

above, the 1st respondent - Bank will be at full liberty to invoke

appropriate remedies for recovery of the total balance amount as per

law, without having to obtain any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/20.6

APPENDIX OF WP(C) 30876/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER PASSED BY THE KERALA CO-OPERATIVE DEVELOPMENT WELFARE BOARD DATED 09.01.2023 Exhibit P2 THE TRUE COPY OF THE AWARD IN ARC 940/2021 PASSED BY THE ARBITRATOR/SALE OFFICER OF THE CO-OPERATIVE SOCIETY ASSISTANT REGISTRAR (GENERAL) KASARGOD DATED 01.10.2021 Exhibit P3 TRUE COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DATED 5/1/2022 Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 12/9/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT