Kerala High Court
Thomas John vs The Elampal Service Co-Operative Bank ... on 28 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 10940 OF 2024
PETITIONER:
THOMAS JOHN, AGED 67 YEARS, S/O LATE GEORGE JOHN
VILLA NO: 17, SKYLINE ELYSUM GARDENS STADIUM
LINK ROAD, KALOOR ERNAKULAM, PIN - 682017
BY ADV KAVERY S THAMPI
RESPONDENTS:
1 THE ELAMPAL SERVICE CO-OPERATIVE BANK LTD NO. 604
ELAMPAL P. O PUNALUR, KOLLAM DISTRICT REPRESENTED
BY ITS BRANCH MANAGER, PIN - 691322
2 THE ARBITRATOR CUM SPECIAL SALE OFFICER, ELAMPAL
SERVICE CO-OPERATIVE BANK LTD NO. 604, OFFICE OF
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
[GENERAL] PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695
BY ADV PRASAD CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 10940/24
2
JUDGMENT
When this matter was called today, the learned Standing
Counsel for the respondent-Bank, submitted that the loan account
of the petitioner involved in this case can be settled for a total
amount of Rs.3,16,85,689/-, as on 28.05.2024, along with all
applicable charges and interest, provided he pays an amount of
Rs.12 Lakhs on or before 15.06.2024 and the balance in not more
than 25 equal monthly installments.
2. The learned counsel for the petitioners - Smt.Kavery S.
Thampi, accepted the afore suggestion.
Taking note of the afore submissions, I allow this Writ
Petition, permitting the petitioner to pay Rs.12 Lakhs on or before
15.06.2024 and the balance in 25 equal monthly installments,
along with all applicable charges and interest, starting from
20.07.2024.
Needless to say, if the amounts as afore are paid by the
petitioner, the account will stand closed and the Bank will return
to him all security documents as are necessary; but, if on the
contrary, any two installments are defaulted, the benefit of this
judgment will be lost to him and the Bank will be at full liberty to
pursue further action pursuant to Exts.P2 to P2(i) without having
to obtain further orders from this Court.
It is also needless to say, therefore, that as long as the
amounts as afore are paid, all further action pursuant to Exts.P2 to
P2(i) will stand deferred.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 10940/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE STATEMENT PREPARED BY
THE BANKRUPTCY COMMISSION KINGDOM OF
SAUDI ARABIA
Exhibit P1(a) ENGLISH TRANSLATION OF EXT P1
Exhibit P2 A TRUE COPY OF THE AWARD IN FILE NO:
1051/2022 PASSED BY THE 2ND RESPONDENT
DATED 17.06.2022
Exhibit P2(a) A TRUE COPY OF THE AWARD IN FILE NO:
1052/2022 PASSED BY THE 2ND RESPONDENT
DATED 17.06.2022
Exhibit P2(b) A TRUE COPY OF THE AWARD IN FILE NO:
1053/2022 PASSED BY THE 2ND RESPONDENT
DATED 17.06.2022
Exhibit P2(c) A TRUE COPY OF THE AWARD IN FILE NO:
1054/2022 PASSED BY THE 2ND RESPONDENT
DATED 17.06.2022
Exhibit P2(d) A TRUE COPY OF THE AWARD IN FILE NO:
1055/2022 PASSED BY THE 2ND RESPONDENT
DATED 17.06.2022
Exhibit P2(e) A TRUE COPY OF THE AWARD IN FILE NO:
1056/2022 PASSED BY THE 2ND RESPONDENT
DATED 17.06.2022
Exhibit P2(f) A TRUE COPY OF THE AWARD IN FILE NO:
1057/2022 PASSED BY THE 2ND RESPONDENT
DATED 17.06.2022
Exhibit P2(g) A TRUE COPY OF THE AWARD IN FILE NO:
1058/2022 PASSED BY THE 2ND RESPONDENT
DATED 17.06.2022
Exhibit P2(h) A TRUE COPY OF THE AWARD IN FILE NO:
1059/2022 PASSED BY THE 2ND RESPONDENT
DATED 17.06.2022
Exhibit P2(i) A TRUE COPY OF THE AWARD IN FILE NO:
1060/2022 PASSED BY THE 2ND RESPONDENT
DATED 17.06.2022
