Rimy Antony vs The Special Sale Officer
2024 Latest Caselaw 14022 Ker

Kerala High Court

Rimy Antony vs The Special Sale Officer 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. 10303 OF 2024


PETITIONER:

            RIMY ANTONY, AGED 50 YEARS,
            S/O. PUTHUR ANTONY, PUTHUR HOUSE,
            P.O.MANALITHARA, THALAPPILLY TALUK,
            THRISSUR DISTRICT-, PIN - 680589

            BY ADV K.M.MUHAMMED HUSSAIN


RESPONDENTS:

    1       THE SPECIAL SALE OFFICER, FOR THALAPPILLY
            TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND
            RURAL DEVELOPMENT BANK LTD NO. 1354, PALACE ROAD,
            WADAKKANCHERY, THRISSUR DISTRICT-, PIN - 680589

    2       THALAPPILLY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL
            AND RURAL DEVELOPMENT BANK LTD NO. 1354
            WADAKKANCHERY BRANCH PALACE ROAD, WADAKKANCHERY,
            THRISSUR DISTRICT- REPRESENTED BY ITS BRANCH
            MANAGER, PIN - 680589

            BY ADV
            SRI DILIP J AKKARA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 10303/24
                                          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.6,16,000/-, as on 28.05.2024, along with all

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

not more than 15 equal monthly installments.

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

Hussain K.M., 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. He shall also,

in addition to this, pay the regular EMIs without fail.

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 Ext.P2 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.P2

will stand deferred.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                               JUDGE



                APPENDIX OF WP(C) 10303/2024

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE NOTICE DATED 15-1-2024
                    ISSUED BY THE 1 ST RESPONDENT
Exhibit P2          TRUE COPY OF THE SALE NOTICE DATED 7- 2-
                    2024 ISSUED BY THE 1 ST RESPONDENT