Kerala High Court
Lixy Georgekutty vs The Kizhathadiyoor Service ... on 27 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 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 22824 OF 2024
PETITIONER:
LIXY GEORGEKUTTY
AGED 47 YEARS
W/O. GEORGEKUTTY ABRAHAM, ANITHOTTATHIL HOUSE, LALAM,
MEENACHIL, KOTTAYAM- 686574 REPRESENTED BY HER POWER
OF ATTORNEY HOLDER GEORGEKUTTY ABRAHAM, AGED 49 YEARS,
S/O. ABRAHAM, ANITHOTTATHIL HOUSE, LALAM, MEENACHIL,
KOTTAYAM, PIN - 686574
BY ADVS.
LIJI.J.VADAKEDOM
REXY ELIZABETH THOMAS
ATHUL V. VADAKKEDOM
RESPONDENTS:
1 THE KIZHATHADIYOOR SERVICE CO-OPERATIVE BANK LTD., NO.
1995
REPRESENTED BY ITS SECRETARY, PALA, KOTTAYAM DISTRICT,
PIN - 686575
2 THE SPECIAL SALE OFFICER
KIZHATHADIYOOR SERVICE CO-OPERATIVE BANK NO. 1995
MEENACHIL, PALA, KOTTAYAM DISTRICT, PIN - 686575
SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22824 OF 2024 2
JUDGMENT
When this matter was called today, Sri.P.C.Sasidharan -
learned counsel for the 1st respondent - Bank, submitted that
though the total outstanding in the two loan accounts, one of which
is a Business Over Draft and other Medium Term loan of the
petitioner with his client is Rs.61,76,817/- as on 27.06.2024 and
the same can be regularised if she is willing to pay an overdue of
Rs.10 lakhs on or before 15.08.2024 and the balance in 18 monthly
installments.
2. Smt.Liji J. Vadakkedom - 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.61,76,817/- as on 27.06.2024,
provided, she remits an amount of Rs. 10 lakhs on or before
15.08.2024 and the balance in not more than 18 equal monthly
instalments commencing from 15.09.2024 with all applicable charges
and interest. If this is done, the 1st respondent - Bank shall close the
loan account and return the security documents to her, on proper
receipt.
Needless to say, as long as the petitioner pays as per the above
directions, all further action pursuant to Ext. P2 notice will stand
deferred; but if she defaults payment of two installments 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
lsn
APPENDIX OF WP(C) 22824/2024
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE BANK STATEMENT OF THE
PETITIONER SHOWING TRANSACTION FROM
1/4/2023 TO 19/1/2024 WITH THE 1ST
RESPONDENT-BANK IN THE CHITTY ACCOUNT
Exhibit P1(a) THE COPY OF THE BANK STATEMENT OF THE
PETITIONER SHOWING TRANSACTION FROM
1.3.2016 TO 1.3.2024 WITH THE 1ST
RESPONDENT-BANK IN THE MEDIUM TERM LOAN
Exhibit P2 THE COPY OF THE NOTICE DATED 7.6.2024
ISSUED BY THE 2ND RESPONDENT-SPECIAL SALE
OFFICER
Exhibit P3 THE COPY OF THE NOTICE-E.A. NO. 690/23
DATED 15/3/24(SCORED AND WRITTEN AS
7/6/2024) ISSUED BY THE 2ND RESPONDENT IN
GDS 96
Exhibit P4 THE COPY OF THE NOTICE-E.A. NO. 692/23
DATED 15/3/24 ISSUED BY THE 2ND RESPONDENT
IN BOD 321
Exhibit P5 THE COPY OF THE NOTICE-E.A. NO. 689/23
DATED 15/3/24 ISSUED BY THE 2ND RESPONDENT
IN M.T. 485
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
