S. Haridas vs The Naruvamoodu Service Co-Operative ...
2024 Latest Caselaw 12541 Ker

Kerala High Court

S. Haridas vs The Naruvamoodu Service Co-Operative ... on 21 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                          WP(C) NO. 23385 OF 2023
PETITIONER:

              S. HARIDAS
              AGED 41 YEARS, S/O SASIDHARAN
              KALLARATHALA, KIZHAKKUMKARA VEEDU, MUKKAMPALAMOODU,
              NARUVAMOODU NARUVAMOODU P.O, PIN - 695528
              BY ADV M.R.SARIN


RESPONDENTS:

     1        THE NARUVAMOODU SERVICE CO-OPERATIVE BANK
              LTD.NO. 160, NARUVAMOODU,PALLICHAL, THIRUVANANTHAPURAM,
              REPRESENTED BY ITS SECRETARY., PIN - 695001
     2        THE SPECIAL SALE OFFICER FOR ASSISTANT REGISTRAR/
              ARBITRATOR OF THE NARUVAMOODU SERVICE CO-OPERATIVE BANK,
              LTD.NO. 160, NARUVAMOODU,PALLICHAL, THIRUVANANTHAPURAM,
              PIN - 695001.
              BY ADVS.
              P.N.MOHANAN
              C.P.SABARI(K/973/2010)
              AMRUTHA SURESH(K/000971/2016)
              GILROY ROZARIO(K/399/2021)
              SUNITHA G.(K/103/2013)



              SMT AMRUTHA SURESH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23385 OF 2023
                                             2

                                      JUDGMENT

When this matter was called today, the learned

Standing Counsel for respondents 1 and 2 -

Naruvamoodu Service Co-operative Bank ("Bank" for

short), submitted that the loan account of the

petitioner involved in this case can be settled for

a total amount of Rs.5,03,191/-, as on 21.05.2024,

along with all applicable charges and interest,

provided same is paid by him in not more than 12

equal monthly installments.

2. The learned counsel for the petitioner -

Sri.Sarin, accepted the afore suggestion.

Taking note of the afore submissions and in

order to obtain a balance between the rival

interests of the parties, I allow this writ

petition, permitting the petitioner to pay off the

aforementioned amount, along with all applicable

charges and interest, in 12 equal monthly

installments commencing from 15.06.2024. WP(C) NO. 23385 OF 2023

Needless to say, if the amounts as afore are

paid by the petitioner, the account will stand

closed and the Bank will return to him all security

documents as are necessary; but, if on the contrary,

any two instalments are defaulted, the benefit of

this judgment will be lost to him and the Bank will

be at full liberty to pursue further action pursuant

to Ext.P1, without having to obtain further orders

from this Court.

It is also needless to say, therefore, that as

long as the amounts as afore are paid, all further

action pursuant to Ext.P1 will stand deferred.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 23385 OF 2023

APPENDIX OF WP(C) 23385/2023

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF NOTICE IN A.R C NO. 68/2014 PASSED BY THE 2ND RESPONDENT UNDER RULE 81 (B) AND (B) OF THE KERALA CO-OPERATIVE SOCIETIES ACT 21 OF 1969