Kerala High Court
Betty Baby vs The Assistant Registrar ... 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. 10455 OF 2024
PETITIONER:
BETTY BABY, AGED 52 YEARS, W/O. BABY ABRAHAM,
MUTHUPLACKAL HOUSE, THEKKUMBHAGOM KARA,
KARIKODE VILLAGE, THODUPUZHA TALUK,
IDUKKI DISTRICT, PIN - 685605
BY ADV M.RETHEESHKUMAR
RESPONDENTS:
1 THE ASSISTANT REGISTRAR (CO-OPERATION)-THODUPUZHA,
OFFICE OF THE ASSISTANT REGISTRAR, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685584
2 THE SPECIAL SALE OFFICER, THODUPUZHA TOWN SCB GROUP,
OFFICE OF THE CO-OPERATIVE ASSISTANT REGISTRAR,
THODUPUZHA, IDUKKI DISTRICT, PIN - 685584
3 THEKKUMBHAGOM SERVICE CO-OPERATIVE BANK, VPGQ+T4CV,
THODUPUZHA AANAKKAYAM RD., VIA. ANCHIRI,
THEKKUMBHAGOM, THODUPUZHA, KEERIKODE, KERALA
REPRESENTED BY ITS SECRETARY, PIN - 685585
4 BABY ABRAHAM, AGED 59 YEARS, S/O. ABRAHAM,
MUTHUPLACKAL HOUSE, THEKKUMBHAGOM KARA, KARIKODE
VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT,
PIN - 685605
BY ADVS.
SOJAN MICHEAL- R3
BIJU P.SEBASTIAN(K/477/1993)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 10455/24
2
JUDGMENT
When this matter was called today, the learned Standing
Counsel for the respondent-Bank, submitted that, even though an
amount of Rs.2 lakhs had been ordered to be paid by the
petitioner by this Court through the interim order dated
14.03.2024, it has not been paid and that the total outstanding in
her loan account comes to Rs.18,00,440/-, as on 28.05.2024. He
added that, if the petitioner is willing to pay Rs.2 lakhs on or
before 30.06.2024 and the balance, along with all applicable
charges and interest, in not more than 15 equal monthly
installments, the account can be regularized.
2. The learned counsel for the petitioner - Sri.Retheesh
Kumar M., accepted the afore suggestion.
Taking note of the afore submissions, I allow this Writ
Petition, permitting the petitioner to pay Rs.2 Lakhs on or before
30.06.2024 and the balance in 15 equal monthly installments,
along with all applicable charges and interest, starting from
30.07.2024.
Needless to say, if the amounts as afore are paid by the
petitioner, the account will stand closed and the Bank will return
to her 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 her and the Bank will be at full liberty to
pursue further action pursuant to Exts.P2, P3 and P7 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,
P3 and P7 will stand deferred.
After I dictated this part of the judgment, the learned counsel
for the petitioner submitted that, in addition to the above, his
client may also be given liberty to approach the Bank, if she is
able to garner resources, and pay off the liability in lump sum.
The learned Standing Counsel for the respondent-Bank,
submitted that, if, during the afore payment schedule, the
petitioner intends to pay off the entire liability in one go, she can
approach the Bank for the same; in which event, necessary
assistance including eligible deductions shall be offered to her. This
is recorded.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 10455/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SUIT ARC NO. 2694/2017
DATED 24.10.2017 FILED BEFORE THE 1ST
RESPONDENT BY THE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE AWARD PASSED IN ARC NO.
2694/2017 DATED 05.03.2018
Exhibit P3 TRUE COPY OF THE AWARD PASSED IN ARC NO.
2695/2017 DATED 05.03.2018
Exhibit P4 TRUE COPY OF THE PETITION WITH NO. NIL
DATED 24.02.2024 IN ARC NO. 2694/2017 TO
SET ASIDE THE EX-PARTE AWARD FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P4(a) TRUE COPY OF THE DELAY PETITION WITH NO.
NIL DATED 24.02.2024 IN ARC NO. 2694/2017
TO SET ASIDE THE EX-PARTE AWARD FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE PETITION WITH NO. NIL
DATED 01.03.2024 IN ARC NO. 2695/2017 TO
SET ASIDE THE EX-PARTE AWARD FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P5(a) TRUE COPY OF THE DELAY PETITION WITH NO.
NIL DATED 01.03.2024 IN ARC NO. 2695/2017
TO SET ASIDE THE EX-PARTE AWARD FILED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE INTERIM ORDER DATED
31.07.2023 IN WPC NO. 24874/2023 PASSED
BY THIS HON'BLE COURT
Exhibit P7 TRUE COPY OF THE NOTICE OF SALE OF
IMMOVABLE PROPERTY DATED 26.02.2024
PUBLISHED BY THE 2ND RESPONDENT IN
DEEPIKA DAILY ON 28.02.2024
