Shiji O.P vs Kerala Bank (The Kerala State ...
2024 Latest Caselaw 14572 Ker

Kerala High Court

Shiji O.P vs Kerala Bank (The Kerala State ... 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. 10714 OF 2024
PETITIONER:

         SHIJI O.P
         AGED 44 YEARS
         W/O. RAVEENDRAN, RESIDING AT ONTHAMPARAMBATH,
         THALAYI, EDACHERI, KOZHIKODE, PIN - 673502.
         BY ADVS.
         C.K.SREEJITH
         K.L. ARYA VENU
         MOHAMMED P.


RESPONDENT:

         KERALA BANK (THE KERALA STATE CO-OPERATIVE BANK
         LTD.),ORKKATTERI BRANCH, REP. BY ITS SENIOR MANAGER
         KOZHIKODE, PIN - 673002.
         SRI.P.C.Sasidharan

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.10714/2024
                               ..2..



              DEVAN RAMACHANDRAN, J.
          =========================
               W.P.(C)No.10714 of 2024
         ==========================
          Dated this the 31st day of May, 2024

                          JUDGMENT

When this matter was called today, Sri.P.C.Sasidharan -

learned Standing Counsel for the "Kerala State Co-operative

Bank Ltd." ('Bank' for short), submitted that, the total

outstanding in the Loan Account of the petitioner, as on

30.04.2024, is Rs.5,01,881/-; and that if he is willing to pay the

same in not more than 20 equal monthly installments, his

client will not stand in the way of this Court disposing of this

writ petition on such terms.

2. Sri.Sreejith C.K. - learned counsel for the petitioner,

fully agreed to the afore and prayed that this Writ Petition be

thus ordered.

In the afore circumstances, I allow this Writ Petition,

granting liberty to the petitioner to pay the total outstanding

amount in the Loan Account, namely, Rs.5,01,881/- as on

30.04.2024, with all applicable charges and interest, in 20

equal monthly installments commencing from 30.06.2024. If

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this is done, the Bank shall close the loan account and return

the security documents to him, on proper receipt.

Needless to say, as long as the petitioner pays as per the

above directions, all further action pursuant to Ext.P1 will stand

deferred; but if he defaults payment of any two installments as

ordered above, the Bank will be at full liberty to invoke

appropriate remedies for recovery of the total balance amount

as per law, without having to obtain any further orders from

this Court.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR

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APPENDIX OF WP(C) 10714/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE U/S. 71 OF THE KERALA LAND RECOVERY ACT DT.5/3/2024