Saifunnisa. M vs The Assistant Registrar Of ...
2024 Latest Caselaw 14019 Ker

Kerala High Court

Saifunnisa. M vs The Assistant Registrar Of ... 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. 11009 OF 2024
PETITIONER:

            SAIFUNNISA. M., AGED 47 YEARS
            W/O ABDUL SALAM K., VADIYIL HOUSE,
            CHULLIKKAD PADANNA, KALOOR ROAD,
            MANKAVU, KOZHIKODE, PIN - 673007

            BY ADVS.
            THAREEQ ANVER K.
            VINOD RAVINDRANATH
            MEENA.A.
            K.C.KIRAN
            M.R.MINI
            M.DEVESH
            ANISH ANTONY ANATHAZHATH
            NIVEDHITHA PREM.V


RESPONDENTS:

    1       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF
            CO-OPERATIVE SOCIETIES (GENERAL), TALUK OFFICE
            ROAD, PUTHIYARA, KOZHIKOD, PIN - 673004

    2       KOMMERI SERVICE CO-OPERATIVE BANK NO.(D) 2022,
            REPRESENTED BY ITS MANAGER, METHOTTUTHAZHAM,
            P.O. KOMMERI, KOZHIKODE, PIN - 673007

    3       STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
            DEPARTMENT OF CO-OPERATION, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

            BY ADVS.
            M.PROMODH KUMAR
            MAYA CHANDRAN(K/2573/1999)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 11009/24
                                          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.9,48,579/-, as on 28.05.2024, along with all

applicable charges and interest, provided same is paid by her in

not more than 15 equal monthly installments.

2. The learned counsel for the petitioner - Sri.Thareeq

Anver K., accepted the afore suggestion.

Taking note of the afore submissions, I allow this Writ

Petition, permitting the petitioner to pay off the aforementioned

amount, along with all applicable charges and interest, in 15 equal

monthly installments commencing from 30.06.2024.

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 Ext.P4 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 Ext.P4

will stand deferred.

Sd/-

RR                                     DEVAN RAMACHANDRAN
                                             JUDGE



                APPENDIX OF WP(C) 11009/2024

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE RELEVANT PAGES OF LOAN

PASS BOOK ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT BANK ON 30/03/2015

Exhibit P2 TRUE COPY OF THE NOTICE DATED 25/01/2023 BEARING NO.2445/2019 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE NOTICE DATED 21/06/2023 BEARING NO.2445/2019 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE NOTICE DATED 08/02/2024 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER