A writ petition challenging a sale notice issued by a co-operative bank was disposed of on the Standing Counsel's suggestion, permitting the borrower to pay the outstanding loan amount with charges and interest in 18 equal monthly installments.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 17328 OF 2023
PETITIONER:
PUSHPAKARAN, AGED 56 YEARS,
S/O THAAMI, PAKATHU HOUSE,
KANDANASSERRY DESOM,
KANDANASSERRY AMSOM,
CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN – 680102.
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
RESPONDENTS:
1THAIKKAD SERVICE CO-OPERATIVE BANK,
H3P6+JRC, THAIKKAD, CHAVAKKAD,
THRISSUR DISTRICT - 680 104,
REPRESENTED BY ITS MANAGER.
2SPECIAL SALE OFFICER,
THAIKKAD SERVICE CO-OPERATIVE BANK GROUP,
ASSISTANT REGISTRAR (GENERAL) OFFICE,
CHAVAKKAD P.O., THRISSUR – 680506.
BY ADV RASMI NAIR . T
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17328 OF 2023
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JUDGMENT
When this matter was called today, Smt.Rasmi
Nair T. - 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.17,68,502/- as on 27.03.2024, along with
all applicable charges and interest, provided he
pays the same in not more than 18 equal monthly
installments.
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 18 equal monthly installments, commencing
WP(C) NO. 17328 OF 2023
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from 01.05.2024.
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 consecutive installments as ordered
above, further action pursuant thereto can be
taken forward, without having to obtain further
orders from this Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 17328 OF 2023
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APPENDIX OF WP(C) 17328/2023
PETITIONER EXHIBITS
EXHIBIT P1THE TRUE COPY OF THE SALE NOTICE DATED
23.03.2023 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Pushpakaran
Thaikkad Service Co-operative Bank
Special Sale Officer, Thaikkad Service Co-operative Bank Group
Devan Ramachandran
As recorded by the court registry
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