T R Bhaskaran vs The Edathirinji Service Co Operative ...
2024 Latest Caselaw 13287 Ker

Kerala High Court

T R Bhaskaran vs The Edathirinji Service Co Operative ... 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. 6951 OF 2024
PETITIONER:

            T R BHASKARAN, AGED 64 YEARS
            S/O. RAMAN THEKKETHALAKKAL (H), EDATHIRINJI P O.,
            CHATTIYAL, THRISSUR, PIN - 680122

            BY ADVS.
            K.JANARDHANA SHENOY
            N.SATHEESH
            PRIYA CAROL
            ARYA M.A.
            ANJU DILEEP



RESPONDENTS:

    1       THE EDATHIRINJI SERVICE CO OPERATIVE BANK LTD NO.R.137
            REPRESENTED BY ITS SECRETARY EDATHIRINJI P. O.,
            THRISSUR, PIN - 680122

    2       THE SECRETARY
            THE EDATHIRINJI SERVICE CO OPERATIVE BANK LTD NO.R.
            137, EDATHIRINJI P. O., THRISSUR, PIN - 680122

    3       THE SPECIAL SALE OFFICER
            KATTOOR SCB GROUP, ASSISTANT REGISTRAR (G), OFFICE,
            MUKUNDAPURAN, THRISSUR, PIN - 691585

            BY ADV M.SASINDRAN


     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. 6951 OF 2024
                                        2


                                  JUDGMENT

When this matter was called today, Sri.M.Sasindran

appearing for the respondent - Society submitted that the total

outstanding in the loan account of the petitioner is Rs.7,66,591/-

as on today (23.05.2024); and that the petitioner can pay off the

same in not more than 15 equal monthly instalments.

2. Sri.K.Janardhana Shenoy - learned counsel for the

petitioner, accepted the afore suggestion.

3. In the afore circumstances, this writ petition is allowed,

permitting the petitioner to pay off the afore amount, along with

all applicable charges and interest, in 15 equal monthly

instalments, commencing from 25.06.2024.

Needless to say, if the petitioner does not comply with the

directions in this judgment and cause default of any two

instalments, he will lose the benefit of the declarations herein;

and the Bank will be at liberty to initiate and pursue necessary

action as per law, however, following due procedure, without

having to obtain any further orders from this Court.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 6951 OF 2024

APPENDIX OF WP(C) 6951/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF RECEIPT DATED 16/02/2024 FOR AN AMOUNT OF RS. 80,000/- ISSUED BY RESPONDENT NO: 1

Exhibit P2 A TRUE COPY OF FORM NO.8 NOTICE DATED 17/01/2024 UNDER RULE 81(E) OF KERALA COOPERATIVE SOCIETIES RULES, INTIMATING THE SALE OF IMMOVABLE PROPERTY

Exhibit P3 A TRUE COPY OF NOTICE IN FORM 9 DATED 17/01/2024 UNDER RULE 81(E) OF KERALA COOPERATIVE SOCIETIES RULES, INTIMATING THE PETITIONER ABOUT THE SALE IMMOVABLE PROPERTY