Remani vs Pantheerankavu Service Co-Operative ...
2024 Latest Caselaw 14607 Ker

Kerala High Court

Remani vs Pantheerankavu Service 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. 6074 OF 2024
PETITIONER:

         REMANI
         AGED 61 YEARS
         W/O VISWANATHAN, PUTHOORTHEKKAYIL HOUSE,
         PANTHEERANKAVE, KOZHIKODE DISTRICT, KERALA,
         PIN - 673019.
         BY ADV SATHEESH MOHANAN


RESPONDENTS:

    1     PANTHEERANKAVU SERVICE CO-OPERATIVE BANK LTD. NO.
          2110,MATHARA ROAD, PANTHEERANKAVE, KOZHIKODE
          DISTRICT, KERALA REPRESENTED BY ITS AUTHORISED
          OFFICER, PIN - 673019.
    2     THE SPECIAL SALES OFFICER
          PANTHEERANKAVU SERVICE CO-OPERATIVE BANK, ASSISTANT
          REGISTRAR (GENERAL) OFFICE KOZHIKKODE.,
          PIN - 673004.
          BY ADVS.
          PRASHANTH KUMAR G.C.
          R.SUDHISH(K/001080/1992)
          M.MANJU(K/003562/1999)



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.6074/2024
                                ..2..




                 DEVAN RAMACHANDRAN, J.
          =========================
                W.P.(C)No.6074 of 2024
         ==========================
          Dated this the 31st day of May, 2024

                            JUDGMENT

When this matter was called today, Sri.R.Sudhish -

learned Standing Counsel for the respondent - Society,

submitted that, the total overdue in the loan account of the

petitioner, as on 31.05.2024, is Rs.10,28,807/- and that she

can be allowed to pay off the same in 18 monthly instalments.

He, however, added that Rs.50,000/- as ordered by this Court

in the interim order has not been paid; and therefore, that if

the petitioner remits the amount within one month, his client

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

petition on the afore suggested terms.

2. Sri.Satheesh Mohanan - learned counsel for the

petitioner, fully agreed to the afore and prayed that this writ

petition be thus ordered.

3. In the afore circumstances, I allow this writ petition, granting

liberty to the petitioner to pay Rs.50,000/- on or before

15.06.2024 and the balance amount in the loan account, along

with all applicable charges and interest, in 12 equal monthly

..3..

instalments, commencing from 30.07.2024, along with regular

EMIs; in which event, the account will stand regularised.

If the petitioner continues to pay the amounts as afore,

all coercive action pursuant to Ext.P1 shall be deferred.

Needless to say, if the petitioner makes default on

payment of two instalments as ordered above, further action

pursuant thereto can be taken forward, without having to

obtain further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR

..4..

APPENDIX OF WP(C) 6074/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE OF THE POSSESSION OF THE PROPERTY MORTGAGED FOR THE LOAN DATED 02/02/2024