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Manoj vs the Manager

MANOJ vs The Manager

Type Court Judgment Court Kerala Decided May 31, 2024
~2 min read
https://sooperkanoon.com/case/1318692

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/11850/2024

Parties & Advocates

Appellant / Petitioner

MANOJ

Respondent

The Manager

Excerpt

.....the following: -2-judgmentwhen this matter was called today, sri.saju j.panicker - learned standing counsel for the respondents, submitted that, if the petitioner is interested, he can be allowed to pay off the total amount in his loan account, which is a sum of rs.9,68,396/- as on 30.04.2024, along with all applicable charges and interest, provided he pays the same in not more than 12 equal monthly instalments.2. sri.s.sreekumar - learned counsel for thepetitioner, accepted the afore suggestion. taking note of the afore submissions, i allow this writ petition, permitting the petitioner to pay off the aforementioned amount, along with all applicable charges and interest, in 12 equal monthly instalments, commencing from 30.06.2024. -3- needless to say, if the petitioner continues to pay as afore, all action pursuant to ext.p1 will stand deferred; but if he defaults payment of any two instalments as ordered above, necessary action for recovery can be taken forward, without having to obtain further orders from this court. sd/- devan ramachandran judge akv -4- appendix of wp(c) 11850/2024 petitioner exhibits exhibit p1 a true copy of the auction notice dated 16.02.2024 issued by the 2nd respondent exhibit p2 a true copy of the representation dated 11.03.2024 submitted by the petitioner before the first respondent

Full Judgment

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 PETITIONER: MANOJ, AGED 50 YEARS, S/O. VASANTHAKUMARI, RESIDING AT ADITHYA BHAVAN, PLAKKADU, ADICHANALLOOR , KOLLAM, PIN - 691573. BY ADVS. S.SREEKUMAR (KOLLAM) S.NAVAS K.VIJAYAN NAMITHA RAJESH MALVIKA S KUMAR SHEENAMOL VARGHESE VISHNU M. RESPONDENTS: 1 THE MANAGER ADICHANALLOR FARMERS CO-OPERATIVE BANK LTD NO. 2609, ADICHANALLOR BRANCH, KOLLAM, PIN - 691573. 2 THE SPECIAL SALE OFFICER/ ARBITRATOR ADICHANALLOR FSCB LTD, OFFICE OF THE ASST. REGISTRAR CO-OPERATIVE SOCIETIES GENERAL, COLLECTORATE, KOLLAM, PIN - 691013. SRI.SAJU J PANICKER, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

When this matter was called today, Sri.Saju J.Panicker - learned Standing Counsel for the respondents, submitted that, if the petitioner is interested, he can be allowed to pay off the total amount in his loan account, which is a sum of Rs.9,68,396/- as on 30.04.2024, along with all applicable charges and interest, provided he pays the same in not more than 12 equal monthly instalments.

2. Sri.S.Sreekumar - learned counsel for the

petitioner, accepted the afore suggestion. Taking note of the afore submissions, I allow this writ petition, permitting the petitioner to pay off the aforementioned amount, along with all applicable charges and interest, in 12 equal monthly instalments, commencing from 30.06.2024. -3- Needless to say, if the petitioner continues to pay as afore, all action pursuant to Ext.P1 will stand deferred; but if he defaults payment of any two instalments as ordered above, necessary action for recovery can be taken forward, without having to obtain further orders from this Court. Sd/- DEVAN RAMACHANDRAN JUDGE akv -4- APPENDIX OF WP(C) 11850/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE AUCTION NOTICE DATED 16.02.2024 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 11.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT

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