Hajara. K. K vs Special Sale Officer/Arbitrator ...
2024 Latest Caselaw 14099 Ker

Kerala High Court

Hajara. K. K vs Special Sale Officer/Arbitrator ... 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 30TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                          WP(C) NO. 1958 OF 2024


PETITIONER:

              HAJARA. K. K., AGED 44 YEARS, W/O ASHKAR. T
              RESIDING AT 'VAYALIL PUTHIYA PURAYIL', IRUVANKAI,
              MUNDERI. P. O., EACHUR, KANNUR, PIN - 670591

              BY ADV T.MANOJ KUMAR


RESPONDENTS:

      1       SPECIAL SALE OFFICER/ARBITRATOR (SENIOR CO-OPERATIVE
              INSPECTOR), ASSISTANT REGISTRAR (GENERAL) OFFICE
              KANNUR, PIN - 670002

      2       MOWANCHERY CO-OPERATIVE RURAL BANK LTD.
              REP. BY ITS BRANCH MANAGER, MUNDERI MOTTA BRANCH
              MUNDERI. P. O., EACHUR, KANNUR, PIN - 670591

              BY ADV
              CIBI THOMAS - R2


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR 'TO BE SPOKEN
TO'   ON    30.05.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 1958/24
                                     2

                           JUDGMENT

When this matter was called today, the learned Standing

Counsel for the respondent-Bank submitted that the loan account

of the petitioner can be settled for an amount of Rs.10,48,032/-,

as on 23.05.2024, provided she is willing to pay off the same,

along with all applicable charges and interest, in not more than

18 equal monthly installments.

2. The learned counsel for the petitioner 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 18

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 the recovery proceedings pursuant to Ext.P1 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 by the petitioner, all coercive action for

recovery pursuant to Ext.P1 against her shall stand deferred.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                               JUDGE



                APPENDIX OF WP(C) 1958/2024

PETITIONER EXHIBITS
Exhibit P1          THE TRUE COPY OF NOTICE DATED 19-12-
                    20123 ISSUED BY RESPONDENT NO.1 UNDER
                    RULE 81 OF CO-OPERATIVE SOCIETY RULES.