Sakkeer Hussain vs The Special Sale Officer
2024 Latest Caselaw 14571 Ker

Kerala High Court

Sakkeer Hussain vs The Special Sale Officer 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. 10875 OF 2024
PETITIONER:

            SAKKEER HUSSAIN, AGED 53 YEARS,
            S/O.MANJIYIL MUHAMMEDKUTTY,
            PUTHIYA VEETTIL, VATTEKKATTU DESOM,
            ORUMANAYOOR VILLAGE, CHAVAKKAD,
            THRISSUR, PIN - 680512.

            BY ADV A.N.SATHISH KUMAR


RESPONDENTS:

    1       THE SPECIAL SALE OFFICER
            CHAVAKKAD CO-OPERATIVE RURAL BANK
            OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
            SOCIETIES (GENERAL) CHAVAKKAD, THRISSUR, PIN - 680506.

    2       THE MANAGER
            CHAVAKKAD CO-OPERATIVE RURAL BANK CHAVAKKAD,
            THRISSUR, PIN - 680506.

            BY ADV RASMI NAIR . T


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10875 OF 2024
                                 -2-

                            JUDGMENT

When this matter was called today,

Smt.T.Rasmi Nair - learned Standing Counsel for

the respondents, submitted that, if the

petitioner is interested, he can be allowed to

pay off the overdue amount in his loan account

in installments, so that the said account can

then be regularized. She submitted that the

overdue in the loan account of the petitioner,

as on 31.05.2024, is Rs.31,93,105/-; and that if

this Court is so inclined, the petitioner can be

allowed to pay off the said amount in not more

than 20 installments, provided he pays the same

along with regular EMIs without default.

2. Sri.A.N.Sathish Kumar - learned counsel

for the petitioner, accepted the afore

suggestion.

Taking note of the afore submissions, I

allow this writ petition and permit the WP(C) NO. 10875 OF 2024

petitioner to pay off the overdue amount, along

with all applicable charges and interest, in 20

installments, commencing from 30.06.2024. These

payments shall be made along with the regular

EMIs, without any default in either of them.

Needless to say, if the petitioner continues

to pay as afore, all action pursuant to Ext.P1

will stand deferred; and if the overdue amount

is paid by the petitioner as afore, his account

will stand regularized; but should he default in

payment of any two instalments, as ordered by

this Court, or any of the regular EMIs, then the

benefit of this judgment will be lost to him;

and necessary recovery action can be continued

against him, without the Bank having to obtain

any further orders from this Court.

Sd/-

                                DEVAN RAMACHANDRAN
akv                                   JUDGE
 WP(C) NO. 10875 OF 2024


              APPENDIX OF WP(C) 10875/2024

PETITIONER EXHIBITS

EXHIBIT P1        TRUE COPY OF THE SALE NOTICE DATED
                  16.02.2024  ISSUED  BY   THE   1ST
                  RESPONDENT