Benny vs the Puthukkad Service Co Operatve Bank Ltd

BENNY vs The Puthukkad Service Co Operatve Bank Ltd

Type Court Judgment Court Kerala Decided Apr 09, 2024

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https://sooperkanoon.com/case/1309311

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Citation: sooperkanoon.com/1309311
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Apr 09, 2024
Case Number: WP(C)/5971/2024

Parties & Advocates

Appellant / Petitioner

BENNY

Respondent

The Puthukkad Service Co Operatve Bank Ltd

Excerpt

.....- learned counsel for the petitioner acceded to the afore suggestion, saying that his client did not refuse to pay as per the interim order, but was unable to do so. taking note of the afore submissions, i allow this writ petition with the following directions:(a) the petitioner will pay an amount of rs.2,50,000/- (rupees two lakh fifty thousand only) to the respondent bank on or before 15.05.2024. -:3:-(b) if the afore payment is made, then the petitioner willbe at liberty to pay off the balance amount in his loan account, along with all applicable charges and interests, in 18 equal monthly installments, commencing from 15.06.2024.(c) needless to say, if the petitioner continues to pay asafore, all action pursuant to exts.p1 and p2 will stand deferred; but if he defaults payment as per direction (a) above, or commits default in payment of any two consecutive installments as ordered in (b) above, necessary action for recovery can be taken forward, without having to obtain further orders from this court.sd/- devan ramachandran judge bpr -:4:- appendix of wp(c) 5971/2024 petitioner's exhibits exhibit p1 a true copy of the auction notice of the 3rd respondent in ep.560 of 2019 in arc. 1366 of 2018 dated 20/12/2023 exhibit p2 a true copy of the auction notice of the 3rd respondent in ep.570 of 2019 in arc. 1283 of 2018 dated 20/12/2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 5971 OF 2024 PETITIONER: BENNY, AGED 52 YEARS, S/O. DEVASSY, PONMANISSERY HOUSE, MARAVANCHERRY DESOM, CHENGALOOR P.O., CHENGALOOR VILLAGE, MUKUNDAPURAM TALUK, BY ADV N.L.BITTO RESPONDENTS:
1 THE PUTHUKKAD SERVICE CO OPERATVE BANK LTD., PUDUKKAD BRANCH, REPRESNTED BY SECRETARY, PUDUKKAD P.O., MUKUNDAPURAM TALUK, 2 AUTHORAISED OFFICER, PUTHUKKD SERVICE CO OPERATIVE BANK LTD., PUTHUKKD BRANCH, PUTHUKKAD P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680 301. 3 SPECIAL SALE OFFICER, ASSISSTANT REGISTRAR OFFICE, MUKUNDAPURAM, IRINJALAKKUDA P.O., MUKUNDAPURAM, IRINJALAKKUDA P.O.,THRISSUR DISTRICT, PIN-680 121. BY ADVS. MANU GOVIND A.JAYASANKAR(J-114) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:-

JUDGMENT

Dated this the 9th day of April, 2024 When this matter was called today, Sri.Manu Govind -

learned counsel for respondent Bank, submitted that the interim order of this Court dated 15.02.2024, has not yet been complied with by the petitioner. He, however, added that, if the petitioner is interested, his client is willing to offer her another opportunity to pay off the total amount in his loan account, which is a sum of Rs.26,81,615/- as on 18.03.2024, in installments, along with all applicable charges and interest, provided he pays an amount of Rs.2,50,000/- as per the interim

order 15.05.2024.

2. Smt.N.L.Britto - learned counsel for the petitioner acceded to the afore suggestion, saying that his client did not refuse to pay as per the interim order, but was unable to do so. Taking note of the afore submissions, I allow this writ petition with the following directions:

(a) The petitioner will pay an amount of Rs.2,50,000/- (Rupees two lakh fifty thousand only) to the respondent Bank on or before 15.05.2024. -:3:-

(b) If the afore payment is made, then the petitioner will

be at liberty to pay off the balance amount in his loan account, along with all applicable charges and interests, in 18 equal monthly installments, commencing from 15.06.2024.

afore, all action pursuant to Exts.P1 and P2 will stand deferred; but if he defaults payment as per direction (a) above, or commits default in payment of any two consecutive installments as ordered in (b) above, necessary action for recovery can be taken forward, without having to obtain further orders from this Court.

Sd/- DEVAN RAMACHANDRAN JUDGE bpr -:4:- APPENDIX OF WP(C) 5971/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE AUCTION NOTICE OF THE 3RD RESPONDENT IN EP.560 OF 2019 IN ARC. 1366 OF 2018 DATED 20/12/2023 Exhibit P2 A TRUE COPY OF THE AUCTION NOTICE OF THE 3RD RESPONDENT IN EP.570 OF 2019 IN ARC. 1283 OF 2018 DATED 20/12/2023

Same Court & Year Kerala · 2024 Same Parties BENNY vs The Puthukkad Service Co Operatve Bank Ltd Same Judge Honourable Mr. Justice Devan Ramachandran