Kerala High Court
Shamsudheen vs Paravur Taluk Co-Operative ... on 31 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 11807 OF 2024
PETITIONER:
SHAMSUDHEEN, AGED 55 YEARS, S/O ABDUKUNJU,
KONNAM VEEDU HOUSE, N.KUTHIYATHODE P.O.,
ERNAKULAM DISTRICT, PIN - 683594
BY ADVS.
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
AMRUTHA M. NAIR
DIVON DAVIS
APARNA M. NAIR
J.RAMKUMAR
RESPONDENTS:
1 PARAVUR TALUK CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD. NO.E 1193, NORTH
PARAVUR REPRESENTED BY ITS DEPUTY GENERAL
MANAGER/BRANCH MANAGER., PIN - 683518
2 JUNIOR INSPECTOR/ SPECIAL SALE OFFICER, PARAVOOR
TALUK CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK, E-1193. N-PARAVUR.,
PIN - 683518
BY ADVS.
ANOOP.V. NAIR
SREEHARI R
TANOOSHA PAUL(K/714/2010)
ROHITH C.(K/110/2021)
AVANTHIKA R.(K/001238/2023)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 11807/24
2
JUDGMENT
When this matter was called today, the learned Standing
Counsel for the respondent-Bank, submitted that, even though an
amount of Rs.75,000/- has been ordered to be paid by the
petitioner by this Court through the interim order dated
22.03.2024, it has not been paid and that the total outstanding in
his loan account comes to Rs.8,57,819/-, as on 13.05.2024. He
added that, if the petitioner is willing to pay Rs.75,000/- on or
before 20.06.2024 and the balance in 15 equal monthly
installments, commencing from 30.07.2024, the account can be
regularised.
2. The learned counsel for the petitioners - Sri.Anil Kumar
C.R., accepted the afore suggestion.
Taking note of the afore submissions, I allow this Writ
Petition, permitting the petitioner to pay Rs.75,000/- on or before
20.06.2024 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 Exts.P1 and 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 Exts.P1
and P2 will stand deferred.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 11807/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AUCTION NOTICE DATED
22.02.2024 ISSUED BY THE 2ND RESPONDENT
UNDER SECTIONS 19 TO 25 AND RULE 3 OF THE
KERALA CO-OPERATIVE AGRICULTURAL
DEVELOPMENT BANKS ACT 1984
Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE DATED
05.02.2024 ISSUED BY THE 2ND RESPONDENT
UNDER SECTION 20 RULE 8(C) OF THE KERALA
CO-OPERATIVE AGRICULTURAL DEVELOPMENT
BANKS ACT 1984
