Muraleedharan vs The Service Co - Operative Bank Payyoli
2024 Latest Caselaw 13205 Ker

Kerala High Court

Muraleedharan vs The Service Co - Operative Bank Payyoli on 23 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       WP(C) NO. 41593 OF 2023
PETITIONERS:

    1       MURALEEDHARAN, AGED 55 YEARS
            S/O UNNI KANNHAN, VATHIL HOUSE,
            THURAYURAMSOM, ITINGATH DESOM, KOYILANDY,
            KOZHIKODE DISTRICT, PIN - 673614.

    2       SHYLAJA, AGED 50 YEARS, S/O UNNI KANNHAN,
            VATHIL HOUSE, THURAYURAMSOM, ITINGATH DESOM,
            KOYILANDY, KOZHIKODE DISTRICT-, PIN - 673614.

    3       JAYAN, AGED 45 YEARS, S/O UNNI KANNHAN,
            VATHIL HOUSE, THURAYURAMSOM, ITINGATH DESOM,
            KOYILANDY, KOZHIKODE DISTRICT-, PIN - 673614.

            BY ADV S.K.ADHITHYAN


RESPONDENT:

            THE SERVICE CO - OPERATIVE BANK PAYYOLI
            REPRESENTED BY ITS SECRETARY SERVICE CO-OPERATIVE BANK
            PAYYOLI, KOZHIKODE DISTRICT-, PIN - 673614.

            BY ADVS.FAZIL P
            V.S.SREEJITH(K/000994/2001)
            JAYASREE MANOJ(J-124)
            SAJU THALIATH(K/429/1995)
            JITHIN PAUL VARGHESE(K/940/2009)
            R.N.RANJITH(K/221/1998)
            C.PRABITHA(K/528/2009)
            FADIL FAZIL(K/1842/2021)
            ASWATHY JAYACHANDRAN(K/994/2022)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41593 OF 2023
                             -2-

                       JUDGMENT

When this matter was called today,

Sri.Fadil Fazil - learned counsel for the

respondent, submitted that, even though the

petitioners have not complied with the

directions of this Court dated 23.04.2024

(however, conceding that the first order

dated 11.02.2023 has been honoured), if they

are interested, his client is willing to

offer them another opportunity to pay off the

total amount in their loan account, which is

a sum of Rs.17,48,775/- as on 23.05.2024, in

installments, along with all applicable

charges and interest, provided they pay an

amount of Rs.2 lakhs on or before 15.06.2024.

2. Sri.S.K.Adhithyan - learned counsel

for the petitioners, accepted the afore WP(C) NO. 41593 OF 2023

suggestion.

Taking note of the afore submissions, I

allow this writ petition with the following

directions:

(a) The petitioners will pay an amount of

Rs.2 lakhs to the respondent on or before

15.06.2024.

(b) If the afore payment is made, then

the petitioners will be at liberty to pay off

the balance amount in their loan account,

along with all applicable charges and

interest, in 15 equal monthly installments,

commencing from 20.07.2024.

(c) Needless to say, if the petitioners

continue to pay as afore, all action pursuant

to Ext.P1 will stand deferred; but if they

default payment of any two installments as WP(C) NO. 41593 OF 2023

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. 41593 OF 2023

APPENDIX OF WP(C) 41593/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE FOR PROCLAMATION OF SALE DATED 20/11/2023