Prasad S vs Special Sale Officer
2024 Latest Caselaw 13292 Ker

Kerala High Court

Prasad S vs Special Sale Officer 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. 6480 OF 2024
PETITIONERS:

    1       PRASAD S., AGED 56 YEARS, S/O GOPI ,PRANAV BHAVAN,
            VIKAS NAGAR PO, VANDIPERIYAR., PIN - 685533

    2       BEENA PRASAD, AGED 49 YEARS
            W/O PRASAD, PRANAV BHAVAN, VIKAS NAGAR,P.O
            VANDIPERIYAR., PIN - 685533

            BY ADVS.
            M.R.SASITH
            R.K.CHIRUTHA



RESPONDENTS:

    1       SPECIAL SALE OFFICER
            IDUKKI CO-OPERATIVE SOCIETY (GENERAL), PAINAVU P.O.,
            IDUKKI DISTRICT,., PIN - 685603

    2       THE SECRETARY, KERALA STATE CO-OPERATIVE BANK LTD,
            SHIKHARA BUILDING, IDUKKI COLONY, IDUKKI -
            NERIAMANGALAM ROAD, CHERUTHONI JUNCTION, CHEROTHONI,
            KERALA., PIN - 685602

            SMT.AISWARYA M.PILLAI


     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. 6480 OF 2024
                                         2


                                      JUDGMENT

When this matter was called today, Smt.Aiswarya M.Pillai

appearing for the respondent - Society submitted that the total

outstanding in two loan accounts of the petitioners is

Rs.22,46,295/- as on 30.04.2024; and that the petitioners can pay

off the same in not more than 18 equal monthly instalments.

2. Sri.Sasith M.R. - learned counsel for the petitioners,

accepted the afore suggestion.

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

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

all applicable charges and interest, in 18 equal monthly

instalments, commencing from 25.06.2024.

Needless to say, if the petitioners do not comply with the

directions in this judgment and cause default of any two

instalments, they 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. 6480 OF 2024

APPENDIX OF WP(C) 6480/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 05.09.2023 ISSUED BY 1ST RESPONDENT

Exhibit P2 THE TRUE COPY JUDGMENT IN WP(C)NO.34935/2022 OF HIGH COURT OF KERALA DATED 08.11.2022