Sanu Antony vs Palluruthy Mandalam Service ...
2024 Latest Caselaw 13315 Ker

Kerala High Court

Sanu Antony vs Palluruthy Mandalam Service ... 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. 10047 OF 2024
PETITIONER:

          SANU ANTONY
          AGED 28 YEARS
          S/O. SANTHOSH K T, KURISINGAL, HOUSE NO.15/2315,
          PAPPANGAMUKKU, SAUDI, MUNDAMVELI P O,
          THOPPUMPADY, KOCHI, PIN - 682507
          BY ADVS.
          C.RAJENDRAN
          R.S.SREEVIDYA


RESPONDENTS:

    1     PALLURUTHY MANDALAM SERVICE CO-OPERATIVE BANK
          LIMITED. NO.65, PALLURUTHY, KOCHI,
          REPRESENTED BY ITS SECRETARY, PIN - 682006
    2     THE SECRETARY,PALLURUTHY MANDALAM SERVICE
          CO-OPERATIVE BANK, LIMITED NO.65
          PALLURUTHY, KOCHI, PIN - 682006
          BY ADVS.
          T MADHU
          C.R.SARADAMANI(S-891)
          RENJISH S. MENON(K/001486/2021)
          VRINDA T.S.(K/237/2022)
          AISWARYA JAYAPAL(K/001566/2023)


     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. 10047 OF 2024
                                   2

                             JUDGMENT

When this matter was called today, Sri.T.Madhu - learned

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

overdues in the loan account of the petitioner, as on 23.05.2024, is

Rs.10,54,330/-; and that if he is willing to pay the same in not more

than 15 equal monthly installments, the account can be regularized.

2. Sri.C.Rajendran - 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 overdue amount in the loan

account, namely, Rs.10,54,330/-, in 15 equal monthly instalments

commencing from 24.06.2024. He shall also, in addition to this, pay

the regular EMIs without fail and if this is done, the account will

stand regularized.

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

directions, all further action pursuant to Ext.P1 will stand deferred;

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

respondent - Bank will be at full liberty to recover the entire liability

from the petitioner, by continuing with further action as per the loan WP(C) NO. 10047 OF 2024

agreement without having to obtain any further orders from this

Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/31.5 WP(C) NO. 10047 OF 2024

APPENDIX OF WP(C) 10047/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED 04/12/2023 Exhibit P2 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE NEPHROLOGY AND TOXICOLOGY CENTRE, LOURDES HOSPITAL, ERNAKULAM DATED 25/04/2022