Ramadevi vs Koorkenchery Service Co-Op Bank ...
2024 Latest Caselaw 13318 Ker

Kerala High Court

Ramadevi vs Koorkenchery Service Co-Op Bank ... 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. 10177 OF 2024
PETITIONER:

          RAMADEVI
          AGED 64 YEARS
          W/O MURALIDHARAN , KOTTIYATTIL HOUSE, P.O.VADUKKARA
          THRISSUR DT., PIN - 680007
          BY ADVS.
          M.R.REENA
          P.S.SUJETH


RESPONDENTS:

    1     KOORKENCHERY SERVICE CO-OP BANK LTD.NO.36
          VADOOKARA BR REP BY ITS SECRETARY VADUKKARA,
          THRISSUR, PIN - 680007
    2     THE SPECIAL SALE OFFICER
          KOORKENCHERY SERVICE CO-OP BANK LTD.NO.36
          ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL)
          AYYANTHOLE,THRISSUR, PIN - 680003
          BY ADV PREMCHAND M


     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. 10177 OF 2024              2

                              JUDGMENT

When this matter was called today, Sri.M.Premchand - learned

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

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

Rs.12,99,794/-; and that if she is willing to pay the same in not more

than 15 equal monthly installments, his client will not stand in the way

of this Court disposing of this writ petition on such terms.

2. Smt.M.R.Reena - 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, namely, Rs.12,99,794/- as on 23.05.2024, with all applicable

charges and interest, in 15 equal monthly installments commencing

from 25.06.2024. If this is done, the respondent - Bank shall close the

loan account and return the security documents to her, on proper

receipt.

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 she defaults payment of two installments as ordered above, the

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/30.5

APPENDIX OF WP(C) 10177/2024

PETITIONER EXHIBITS Exhibit - P1 A TRUE COPY OF THE NOTICE DATED 28-02-2024 ISSUED BY THE 2ND RESPONDENT Exhibit - P2 A TRUE COPY OF THE REPRESENTATION DATED 06- 03-2024 SENT BY THE PETITIONER