Kerala High Court
E. George Varghese vs Trikadithanam Service Co-Operative ... on 22 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 2298 OF 2024
PETITIONERS:
1 E. GEORGE VARGHESE, AGED 77 YEARS,
S/O E.G. GEORGE, EDATHARA HOUSE, PULICKALKAVALA,
CHANGANACHERRY P.O, KOTTAYAM, PIN - 686105.
2 THRESSIAMMA VARGHESE, AGED 55 YEARS,
W/ O. GEORGE VARGHESE EDATHARA HOUSE, PULICKALKAVALA
CHANGANACHERRY P 0 KOTTAYAM, PIN - 686105.
BY ADV LAVARAJ M.G.
RESPONDENTS:
1 TRIKADITHANAM SERVICE CO-OPERATIVE BANK
THRICKODITHANAM P O CHANGANCHERRY KOTTAYAM
REPRESENTED BY BRANCH MANAGER, PIN - 686105.
2 BRANCH MANAGER
TRIKADITHANAM SERVICE COOPERATIVE BANK
THRIKADITHANAM P O CHANGANCHERRY
KOTTAYAM, PIN - 686105.
3 THE ASSISTANT REGISTRAR
CO-OPERATIVE SOCIETY CHANGANCHERRY
KOTTAYAM, PIN - 686105.
BY ADV O.D.SIVADAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.05.2024, ALONG WITH WP(C).2345/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)Nos.2298 & 2345/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 2345 OF 2024
PETITIONERS:
1 E. GEORGE VARGHESE, AGED 77 YEARS
S/O E.G. GEORGE, EDATHARA HOUSE,
PULICKALKAVALA, CHANGANACHERRY P O,
KOTTAYAM, PIN - 686105.
2 THRESSIAMMA VARGHESE, AGED 55 YEARS
W/O. GEORGE VARGHESE EDATHARA HOUSE,
PULICKALKAVALA CHANGANACHERRY P 0
KOTTAYAM, PIN - 686105.
BY ADV LAVARAJ M.G.
RESPONDENTS:
1 TRIKADITHANAM SERVICE CO-OPERATIVE BANK
THRICKODITHANAM P O CHANGANCHERRY-
REPRESENTED BY BRANCH MANAGER, PIN - 686105.
2 BRANCH MANAGER, TRIKADITHANAM SERVICE CO-
OPERATIVE BANK THRIKADITHANAM P O,
CHANGANCHERRY, PIN - 686105.
3 THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY,
CHANGANACHENY, PIN - 686101.
BY ADV.O.D.SIVADAS
SMT.MABLE C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.05.2024, ALONG WITH WP(C).2298/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.2298 & 2345/2024
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JUDGMENT
[WP(C) Nos.2298/2024, 2345/2024]
Sri.Lavaraj M.G. - learned counsel for the
petitioners, pleaded that, though his clients
have not been able to comply with the interim
order of this Court dated 19.01.2024, they be
given one more opportunity to pay off the entire
loan liability in instalments; offering they
will remit the amounts ordered by this Court
within the shortest period of time.
2. Sri.O.D.Sivadas - learned counsel for
respondents 1 and 2, in response to the afore
request of the petitioners, submitted that the
total outstanding in the loan account of the 1 st
petitioner is Rs.16,50,596/-; while that in the
account of the 2nd petitioner is Rs.33,16,094/-
both as on 22.05.2024; and that, if they remit
two lakhs each, as ordered by this Court
earlier, within a period of one month, the
WP(C)Nos.2298 & 2345/2024
balance can be allowed to be paid off in not
more than 12 equal monthly installments.
3. The learned counsel for the petitioners
accepted the afore suggestion.
`In view of the afore, I allow these Writ
Petitions with the following directions:
(a) The petitioners will remit an amount of
Rs.2 lakhs each to their respective loan
accounts with the Bank, on or before 20.06.2024.
(b) On the afore being done, petitioners
will be at liberty to pay off the balance in
their respective loan accounts, which is stated
to be Rs.16,50,596/- (Rupees sixteen lakhs fifty
thousand five hundred and ninety six only) in
the case of the 1st among them; and
Rs.33,16,094/- (Rupees thirty three lakhs
sixteeen thousand ninety four only) in the case
of the second as on 22.05.2024, along with all
applicable charges and interest in not more than
WP(C)Nos.2298 & 2345/2024
12 equal monthly instalments, commencing from
20.07.2024.
(c) Needless to say, if the petitioners
continue to pay as afore, all action pursuant to
Ext.P1 in both cases will stand deferred; but if
they default payment of any two instalments 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)Nos.2298 & 2345/2024
APPENDIX OF WP(C) 2345/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE NOTICE DATED 28/03/2023 ISSUED BY
THE ASSISTANT REGISTRAR OF THE CO-
OPERATIVE SOCIETY
EXHIBIT P2 THE LETTER DATED 29/09/2023 SENT BY
THE PETITIONERS
WP(C)Nos.2298 & 2345/2024
APPENDIX OF WP(C) 2298/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE NOTICE DATED 28/03/2023 ISSUED BY
THE ASSISTANT REGISTRAR OF THE CO-
OPERATIVE SOCIETY
EXHIBIT P2 THE LETTER DATED 29/09/2023 SENT BY
THE PETITIONERS
