Allowed

Prakashan Chakkadath v. the Sectretary

Kerala HC25 Mar 2024WP(C)/2523/2024

Case brief

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What is this about?

In a writ petition, the High Court of Kerala permitted the petitioner to regularize his loan account with the cooperative bank by paying the overdue amount of Rs.5,42,241/- along with interest in ten instalments, commencing from 25.04.2024, together with regular EMIs, subject to no default in any payment.

What did the court decide?

Petitioner permitted to pay overdue amount of Rs.5,42,241/- along with interest and charges in ten instalments commencing from 25.04.2024, along with regular EMIs.

Prakashan Chakkadath Vs the Sectretary — Service and Employment | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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MONDAY, THE 25^TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946

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WP(C) NO. 2523 OF 2024

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PETITIONER:

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PRAKASHAN CHAKKADATH AGED 71 YEARS, S/O KUNHIRAMAN, PRANAVAM, THALAMUNDA KOODALI POST, KANNUR DISTRICT, PIN - 670592 BY ADVS. P.I.DAVIS RAJAN VELLOTH SHIJU AUGUSTINE

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RESPONDENTS:

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1 THE SECTRETARY MOUVANCHERRY CO-OPERATIVE RURAL BANK LTD. CHAKKARAKKAL, KANNUR, PIN - 670613

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2 ASSISTANT REGISTRAR(GENERAL) OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KANNUR, PIN - 670002

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3 SPECIAL SALE OFFICER (SENIOR CO-OPERATIVE INSPECTOR), ASSISTANT REGISTRAR'S OFFICE, KANNUR, PIN - 670002 BY ADV SRI.CIBI THOMAS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.2523 of 2024

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: 2 :

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JUDGMENT

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When this matter was called today, Sri.Cibi Thomas – learned counsel for the 'Mouvancherry Co-operative Rural Bank Ltd.' (Bank for short), submitted that, if the petitioner is interested, he can be allowed to pay off the overdue amount in his loan account in installments, so that the said account can then be regularised. He submitted that the overdue in the Loan Account of the petitioner, as on 25.03.2024, is Rs.5,42,241/-; and that if this Court is so inclined, the petitioner can be allowed to pay off the said amount in not more than ten instalments, provided he pays the same along with regular EMIs without default.

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Sri.P.I.Davis – learned counsel for the petitioner, submitted that his client accepts the afore and prayed that this Writ Petition be so ordered.

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Taking note of the afore submissions, I allow this Writ Petition and permit the petitioner to pay off the overdue amount of Rs.5,42,241/- as on 25.03.2024, along with all applicable charges and interest, in ten instalments, commencing from 25.04.2024. These payments shall be made along with the regular EMIs, without any default in either of them.

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W.P.(C).No.2523 of 2024

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: 3 :

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Needless to say, if the overdue amount is paid by the petitioner as afore, his account will stand regularised; but should he default in payment of two consecutive instalments, as ordered by this Court, or any of the regular EMIs, then the benefit of this judgment will be lost to him; and necessary recovery action can be continued against him, without the Bank having to obtain any further orders from this Court.

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Sd/DEVAN RAMACHANDRAN JUDGE

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anm

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W.P.(C).No.2523 of 2024

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: 4 :

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APPENDIX OF WP(C) 2523/2024

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PETITIONER EXHIBITS

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Exhibit P-1 TRUE COPY OF THE PERSONEL LEDGER OF THE MORTGAGE LOAN ISSUED BY THE FIRST RESPONDENT BANK Exhibit P-2 TRUE COPY OF THE NOTICE DATED 10/11/23 ISUED FROM THE SECOND RESPONDENT Exhibit P-3 TRUE COPY OF THE AWARD OF THE SECOND RESPONDENT Exhibit P-4 TRUE COPY OF THE NOTICE DATED 27/12/23 BY THE THIRD RESPONDENT Exhibit P-5 TRUE COPY OF THE LETTER DATED 11/1/24 SUBMITTED BEFORE THE 1ST RESPONDENT

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RESPONDENTS' EXHIBITS : NIL.

Prakashan Chakkadath v. the Sectretary

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Prakashan Chakkadath v. the Sectretary

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