Rosy Francis vs The Assistant Registrar (General) ...
2024 Latest Caselaw 8997 Ker

Kerala High Court

Rosy Francis vs The Assistant Registrar (General) ... 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. 6999 OF 2024
PETITIONER:

          ROSY FRANCIS, AGED 62 YEARS,
          W/O FRANCIS, CHULLYPARAMBIL (H),
          VATTANATHARA. P.O. AMBALLOR,
          TRISSUR DISTRICT., PIN - 680302.

          BY ADV BIJU.P.N.


RESPONDENTS:

    1     THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE
          SOCIETIES, TRISSUR, PIN - 680002.

    2     THE SECRETARY
          VATTANATHRA CO OPERATIVE SERVICE BANK LTD NO 499,
          VATTANATHRA .P.O., VATTANATHRA, AMBALOOR,
          TRISSUR DISTRICT, PIN - 682302.

          BY ADVS.
          PHILIP T.VARGHESE
          THOMAS T.VARGHESE
          ACHU SUBHA ABRAHAM
          V.T.LITHA
          K.R.MONISHA
          SMT.MABLE C.KURIAN, SR.GP


     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. 6999 OF 2024
                                      -2-

                                 JUDGMENT

When this matter was called today,

Sri.Biju P.N. - learned counsel for the

petitioner, submitted that an amount of Rs.1

lakh had been paid to 'Vattanathra Co-

operative Service Bank Ltd.' ('Bank', for

short) - of which 2nd respondent is the

Secretary, as per the interim order dated

22.02.2024 and the balance can be allowed to

be paid in 15 equal monthly installments,

provided she pays another Rs.1 lakh in a

month's time.

2. Sri.Philip T.Varghese - learned

counsel for the Bank, affirmed the afore and

offered that the petitioner can be allowed to

pay off the total amount in her loan account,

which is a sum of Rs.11,12,911/-, as on WP(C) NO. 6999 OF 2024

23.02.2024, along with all applicable charges

and interest, provided she pays the same in

not more than 15 equal monthly installments.

3. Sri.Biju P.N. - learned counsel for

the petitioner, accepted the afore

suggestion.

Taking note of the afore submissions, I

allow this writ petition with the following

directions:

(a) The petitioner will pay an amount of

Rs.1 lakh to the respondent Bank on or before

30.04.2024.

(b) If the afore payment is made, then

the petitioner will be at liberty to pay off

the balance amount in her loan account, along

with all applicable charges and interest, in

15 equal monthly installments, commencing WP(C) NO. 6999 OF 2024

from 30.5.2024.

(c) Needless to say, if the petitioner

continues to pay as afore, all action

pursuant to Ext.P1 will stand deferred; but

if she defaults payment of any of the

installments as ordered above, necessary

action pursuant thereto can be taken forward,

without having to obtain further orders from

this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 6999 OF 2024

APPENDIX OF WP(C) 6999/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE AUCTION/ EVICTION NOTICE DATED 15-2-2024,

EXHIBIT P2 A COPY OF THE LOAN SANCTIONING/ PASS BOOK