Kerala High Court
Prasannan.M.K vs Dharmadam 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. 1414 OF 2024
PETITIONER:
PRASANNAN.M.K., AGED 64 YEARS
S/O LATE ACHUTHAN,PADINJARETHAYYIL HOUSE,
PALAYAD.P.O, DHARMADAM PANCHAYATH,
THALASSERY TALUK, KANNUR, PIN - 670661
BY ADVS.
NOBLE MATHEW
KUMARI SANGEETHA S.NAIR
DEEPA NOBLE
RESPONDENTS:
1 DHARMADAM SERVICE CO.OPERATIVE BANK LTD
DHARMADAM PANCHAYATH ,PALAYAD.P.O,
THALASSERY TALUK, KANNUR REPRESENTED BY
ITS SECRETARY, PIN - 670661
2 ARBITRATOR/ASSISTANT REGISTRAR, DHARMADAM
SERVICE CO.OPERATIVE BANK LTD, PALAYAD.P.O,
KANNUR, PIN - 670661
3 THE SPECIAL SALES OFFICER, DHARMADAM
PANCHAYATH, THALASSERY TALUK, PALAYAD.P.O ,
KANNUR, PIN - 670661
4 STATE OF KERALA, DEPARTMENT OF CORPORATION,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM,
PIN - 695014
BY ADV M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 1414/24
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
12.01.2024, only Rs.1 Lakh has been paid and that the total
outstanding in his loan account comes to Rs.22,91,074/-, as on
28.05.2024. He added that, if the petitioner is willing to pay Rs.1
lakh on or before 15.06.2024 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.Noble
Mathew, accepted the afore suggestion.
Taking note of the afore submissions, I allow this Writ
Petition, permitting the petitioner to pay Rs.1 Lakh on or before
15.06.2024 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 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.P6 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.P6
will stand deferred.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 1414/2024
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE REVENUE RECOVERY
NOTICE DATED 06.01.2023 ISSUED BY THE
3RD RESPONDENT
Exhibit P-2 A TRUE COPY OFF THE RECEIPT ISSUED BY
THE 1ST RESPONDENT DATED 20.02.2023
Exhibit P-3 A TRUE COPY OF THE NOTICE ISSUED BY THE
1ST RESPONDENT DATED NIL
Exhibit P-4 A TRUE COPY OF THE JUDGMENT OF THIS
HONORABLE COURT IN WP ( C ) NO 8487 OF
2023 DATED 13.06.2023
Exhibit P-5 A TRUE COPY OF THE ORDER IN IA NO 1OF
2023 IN WPC NO 8487 OF 2023 DATED
25.07.2023
Exhibit P-6 A TRUE COPY OF THE NOTICE ISSUED BY THE
THIRD RESPONDENT TO THE PETITIONER DATED
29-12-2023
