Jitha.S.S vs Puthukkulam Service Co-Operative Bank ...
2024 Latest Caselaw 14642 Ker

Kerala High Court

Jitha.S.S vs Puthukkulam Service Co-Operative Bank ... 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. 2991 OF 2024
PETITIONER:

            JITHA.S.S
            AGED 51 YEARS
            W/O LATE B.S SATHEESH, V.P SADANAM, THAZHAN THEKKU,
            CHATHANNOOR.P.O, KOLLAM, PIN - 691572
            BY ADVS.
            ABDUL RAOOF PALLIPATH
            K.R.AVINASH (KUNNATH)
            E.MOHAMMED SHAFI
            PRAJIT RATNAKARAN
            KRISHNAPRIYA R.


RESPONDENTS:

    1       PUTHUKKULAM SERVICE CO-OPERATIVE BANK LTD,
            P.O PUTHUKULAM, KOLLAM REPRESENTED BY ITS BRANCH
            MANAGER, PIN - 691001
    2       SPECIAL SALE OFFICER
            PUTHUKKULAM SERVICE SAHAKARAN BANK LTD,
            P.O PUTHUKULAM, KOLLAM, PIN - 691001
            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. 2991 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 31.05.2024, is

Rs.61,29,872/-; and that she can be allowed to pay off the same in

instalments, provided she pays Rs.2 Lakhs as per the earlier interim

order - which remains uncomplied with - on or before 20.06.2024 and

the balance in 20 equal monthly instalments.

2. Sri.Abdul Raoof - 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.61,29,872/- as on 31.05.2024, by first paying Rs.2

Lakhs on or before 20.06.2024; and the balance amount, with all

applicable charges and interest, in 20 equal monthly installments

commencing from 30.07.2024. If this is done, the respondent - Bank

shall close the loan account and return the security documents to her,

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 she 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/5.6

APPENDIX OF WP(C) 2991/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 27.10.2023