Geo Augustine vs Kodungallur Taluk Primary ...
2024 Latest Caselaw 14613 Ker

Kerala High Court

Geo Augustine vs Kodungallur Taluk Primary ... 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. 811 OF 2024
PETITIONER:

          GEO AUGUSTINE
          AGED 28 YEARS
          S/O JOY, THEKKE VEETTIL,DUBAI ROAD PADINJARE VEMBALLUR
          KODUNGALLUR, THRISSUR, PIN - 680671
          BY ADVS.
          ANJU R S.
          BIJITHA B. BOSE


RESPONDENTS:

    1     KODUNGALLUR TALUK PRIMARY CO-OPERATIVE AGRICULTURAL &
          RURAL DEVELOPMENT BANK LTD
          REPRESENTED BY ITS SECRETARY, KODUNGALLUR
          THRISSUR, DISTRICT, PIN - 680664
    2     SPECIAL SALE OFFICER
          KODUNGALLUR TALUK PRIMARY CO-OPERATIVE AGRICULTURAL &
          RURAL DEVELOPMENT BANK LTD, KODUNGALLUR,
          THRISSUR DISTRICT, PIN - 680664
          BY ADVS.
          T.R.HARIKUMAR
          ARJUN RAGHAVAN(K/1277/2012)


     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. 811 OF 2024                2

                              JUDGMENT

When this matter was called today, Sri.T.R.Harikumar - learned

Standing Counsel for the respondent - Bank, submitted that, the total

outstanding in the loan account of the petitioner, as on 15.01.2024, is

Rs.4,45,992/-; and that if he is willing to pay the same in not more than

18 equal monthly installments, his client will not stand in the way of

this Court disposing of this writ petition on such terms.

2. Smt.Anju R.S. - 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.4,45,992/- as on 15.01.2024, with all applicable

charges and interest, in 18 equal monthly installments commencing

from 30.06.2024. If this is done, the respondent - 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 Exts.P1 and P2 will stand

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

above, the respondent - 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 MC/31.5

APPENDIX OF WP(C) 811/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AUCTION NOTICE, ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 15.06.2023 Exhibit 2 TRUE COPY OF THE AUCTION NOTICE ISSUED AGAINST THE PETITIONER ISSUED BY THE 2ND RESPONDENT DATED 27.12.2023