Sarojini vs The Branch Manager Thalappaly Primary ...
2024 Latest Caselaw 13325 Ker

Kerala High Court

Sarojini vs The Branch Manager Thalappaly Primary ... 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. 10119 OF 2024
PETITIONER:

            SAROJINI
            AGED 60 YEARS
            W/O. AYYAPPAN, AYYATH PADI VEEDU
            KUMARANELLOOR P.O VADAKKANCHERY THALAPPALLY THRISSUR
            DISTRICT KERALA PIN- 680590.
            BY ADVS.
            N.D.ARUN DAS
            M.C.CHITHRAKALA
            P.K.PRETHEEP KUMAR


RESPONDENTS:

    1       THE BRANCH MANAGER THALAPPALY PRIMARY CO-OPERATIVE
            AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD
            VDAKKANCHERY BRANCH LTD 1354
            THRISSUR, PIN - 680602
    2       THE SPECIAL SALE OFFICER
            THE THALAPAALY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL
            AND RURAL DEVELOPMENT BANK LTD 1354,
            VADAKKANCHERY BRANCH, THRISSUR DISTRICT, PIN - 680602
            BY ADV Dilip J. Akkara


     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. 10119 OF 2024            2

                             JUDGMENT

When this matter was called today, Sri.Dilip J. Akkara - 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.7,63,077/-; and that if she is willing to pay the same in not more

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

2. Sri.N.D.Arun Das - 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.7,63,077/- as on 23.05.2024, in 15 equal monthly

instalments commencing from 24.06.2024. She 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 she 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

agreement without having to obtain any further orders from this

Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/30.5

APPENDIX OF WP(C) 10119/2024

PETITIONER EXHIBITS Exhibit- P1 A TRUE COPY OF THE SALE DECLARATION LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 29/1/2024 .

Exhibit-P 2 A TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE FIRST RESPONDENT DATED 01/03/2024