Ashraf T.A vs The Assistant Registrar (General)/ ...
2024 Latest Caselaw 9000 Ker

Kerala High Court

Ashraf T.A 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. 6727 OF 2024
PETITIONER:

          ASHRAF T.A
          AGED 62 YEARS
          S/O.ALI THANATHU PARAMBIL, KATTOOR P.O.
          KATTOOR VILLAGE MUKUNDAPURAM, THRISSUR, PIN - 680702
          BY ADVS.
          S.SHANAVAS KHAN
          S.INDU
          KALA G.NAMBIAR


RESPONDENTS:

    1     THE ASSISTANT REGISTRAR (GENERAL)/ SPECIAL SALE
          OFFICER, KATTOOR SCB GROUP ASSISTANT REGISTRAR (G)
          OFFICE MUKUNDAPURAM, THRISSUR, PIN - 680302
    2     THE KATTOOR SERVICE CO-OPERATIVE BANK LTD.NO. 426
          KATTOOR P.O., MUKUNDAPURAM, THRISSUR,
          REPRESENTED BY ITS BRANCH MANAGER, PIN - 680302
          BY ADVS.
          JOJO C A
          SWATHY S.(K/000404/2019)

          SRI C.A.JOJO-SC


     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. 6727 OF 2024              2

                              JUDGMENT

When this matter was called today, Sri.C.A.Jojo - learned

Standing Counsel for the respondent - Bank submitted that though the

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

21.02.2024, 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.20,62,834/-, as on 13.02.2024, in 15 equal monthly instalments,

provided he pays the first instalment not later than 15.04.2024.

2. Sri.S.Shanavas Khan - 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.20,62,834/- as on 13.02.2024, with all applicable

charges and interest, in 15 equal monthly installments commencing

from 15.04.2024. If this is done, the respondent - Bank shall close the

loan account and return the security and title 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 Exts.P1 to P3 will stand

deferred; but if he defaults payment of two consecutive installments as

ordered above, the 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/30.3

APPENDIX OF WP(C) 6727/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE INTIMATION DATED NIL SENT BY FIRST RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE NOTICE ISSUED IN FORM 8, RULE 81(E) DATED 13/02/2024 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE NOTICE DATED 13/02/2024 IN FORM 9 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER