Jose Kurian vs Special Sale Officer
2024 Latest Caselaw 13314 Ker

Kerala High Court

Jose Kurian 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. 15449 OF 2024
PETITIONER:

          JOSE KURIAN,
          AGED 55 YEARS
          S/O JOSEPH KURIAN, RESIDING AT PUTHIYEDATHUPRAVIL
          HOUSE, KAROOR POST LALAM VILLAGE MEENACHIL TALUK
          KOTTAYAM DISTRICT, PIN - 686574
          BY ADV JOSEPH T.JOHN


RESPONDENTS:

    1     SPECIAL SALE OFFICER,
          VALAVOOR SCB SINGLE ASSISTANT REGISTRAR OF
          COOPERATIVE SOCIETIES (GENERAL) MEENACHIL, PALA
          KOTTAYAM DISTRICT, PIN - 686575
    2     SECRETARY
          VALAVOOR SERVICE CO-OPERATIVE BANK VALAVOOR POST,
          KOTTAYAM DISTRICT, PIN - 686635
          BY ADVS.
          Shaji Thomas
          JEN JAISON(K/000208/2017)
          THOMASKUTTY SEBASTIAN(K/623/1987)


     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. 15449 OF 2024              2

                              JUDGMENT

When this matter was called today, Shri.Shaji Thomas - learned

Standing Counsel for the 2nd respondent - Bank, submitted that, the

petitioner can be allowed to pay off the total outstanding, which is

stated to be Rs.66,34,180/- as on 31.05.2024, provided he pays Rs.10

Lakhs on or before 25.06.2024 and the balance amount, along with all

applicable charges and interest, in 12 equal monthly instalments

commencing from 25.07.2024.

2. Sri.Joseph T.John - learned counsel for the petitioner, fully

agreed to the afore and prayed that this writ petition be thus ordered.

In the afore circumstances, I allow this writ petition, granting

liberty to the petitioner to pay the total outstanding amount in the loan

account, Rs.66,34,180/- as on 31.05.2024, by first paying Rs.10 Lakhs

on or before 25.06.2024 and the balance amount, along with all

applicable charges and interest, in 12 equal monthly instalments

commencing from 25.07.2024. If this is done, the 2nd respondent - Bank

shall close the loan account and return the security documents to him,

on proper receipt.

Needless to say, as long as the petitioner pays as per the above

directions, all further action pursuant to Ext.P3 will stand deferred; but

if he defaults payment of two installments as ordered above, the 2nd

respondent - Bank will be at full liberty to invoke appropriate remedies

for recovery of the total balance amount as per law, without having to

obtain any further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/28.5

APPENDIX OF WP(C) 15449/2024

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT UNDER THE NAVAKERALIYAM KUDISHIKA NIVARANAM 2024 DATED 01.03.2024 Exhibit-P2 A TRUE COPY OF THE NOTICE TO PAY THE AMOUNT WITHIN 30 DAYS UNDER KERALA COOPERATIVE RULE 81 (B) AND (C) DATED 16.02.2024 Exhibit-P3 A TRUE COPY OF THE NOTICE DATED 22.03.2024 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit-P4 A TRUE COPY OF THE CIRCULAR DATED 22.11.2013 IN CIRCULAR NO. 70/2013 Exhibit-P5 A TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT BANK TO THE PETITIONER DATED 3-4-2024