Mohamed Vahab vs Valapad Service Co-Operative Bank
2024 Latest Caselaw 8993 Ker

Kerala High Court

Mohamed Vahab vs Valapad Service Co-Operative Bank on 27 March, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                        WP(C) NO. 5580 OF 2024
PETITIONER:

          MOHAMED VAHAB
          AGED 54 YEARS
          S/O MOHAMED, PANIKKAVEETIL HOUSE, P.O. VALAPAD,
          THRISSUR DISTRICT, PIN - 680567
          BY ADVS.
          P.SAMSUDIN
          A.M.BABU
          MILAN RACHEL MATHEW
          LIRA A.B.
          NASRIN WAHAB


RESPONDENTS:

    1     VALAPAD SERVICE CO-OPERATIVE BANK
          REPRESENTED BY ITS AUHTORISED OFFICER
          (GENERAL MANAGER), VALAPAD P.O, THRISSUR DISTRICT,
          PIN - 680567
    2     THE AUTHORISED OFFICER
          VALAPAD SERVICE CO-OPERATIVE BANK, VALAPAD P.O,
          THRISSUR DISTRICT, PIN - 680567
    3     A & E INSPECTOR
          ASSISTANT REGISTRAR (GENERAL) OFFICE, CHAVAKKAD,
          THRISSUR DISTRICT, PIN - 680506
          BY ADV P.C SASIDHARAN
          GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5580 OF 2024              2

                              JUDGMENT

When this matter was called today, Sri.P.C.Sasidharan - learned

Standing Counsel for the 1st respondent - Bank submitted that though

the petitioner has not complied with the interim order of this Court

dated 13.02.2024, his client is willing to offer him an opportunity to

settle the loan account by paying off the total outstanding which is to a

sum of Rs.20,14,102/- as on 17.03.2024 in 18 equal monthly instalments

provided he pays the first instalment not later than 27.04.2024.

2. Sri.Samsudin Panolan - 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.20,14,102/- as on 17.03.2024, with all applicable

charges and interest, in 18 equal monthly installments commencing

from 27.04.2024. If this is done, the 1st respondent - Bank shall close

the loan account and return the security documents to him, on proper

receipt.

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

directions, all further action pursuant to Ext.P3 will stand deferred; but

if he defaults payment of two consecutive 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 MC/1.4

APPENDIX OF WP(C) 5580/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER Exhibit P2 TRUE COPY OF THE MEDICAL RECORDS OF THE WIFE OF THE PETITIONER Exhibit P3 TRUE COPY OF THE NOTICE DATED 09-01-2024 IN FORM 2 AND FORM 6 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE INTIMATION DATED 31-01- 2024 RECEIVED BY THE PETITIONER