Allowed

Shiyad Salam v. Decent Junction Service Co-Operative Bank

Kerala HC5 Apr 2024WP(C)/3748/2023

Case brief

AI extract

What is this about?

The High Court allowed the writ petition seeking relief against coercive recovery proceedings by a cooperative bank and its official. The court permitted the petitioner to clear the outstanding loan liability in 20 equal monthly installments, with a stipulation that default on two installments would allow the bank to resume proceedings without further court order.

What did the court decide?

Petitioner granted liberty to pay outstanding loan amount of Rs.15,23,717/- in 20 equal monthly installments commencing 01.06.2024, subject to conditions regarding default.

Shiyad Salam Vs Decent Junction Service Co-Operative Bank — Kerala HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

FRIDAY, THE 5^TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946

¶5

WP(C) NO. 3748 OF 2023

¶6

PETITIONER:

¶7

SHIYAD SALAM, AGED 47 YEARS S/O ABDUL SALAM, SHIYAD MANZIL, MUGHATHALA P.O., KOLLAM DISTRICT, PIN - 691577

¶8

BY ADV LATHEESH SEBASTIAN

¶9

RESPONDENTS:

¶10

1 DECENT JUNCTION SERVICE CO-OPERATIVE BANK DECENT JUNCTION, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 691577

¶11

2 THE SPECIAL SALE OFFICER, CO-OPERATIVE CIRCLE OFFICE, ASSISTANT REGISTRAR OFFICE, KOLLAM, PIN - 691513

¶12

BY ADV PRASAD CHANDRAN

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C) NO. 3748 OF 2023

¶15

¶16

JUDGMENT

¶17

When this matter was called today, Sri.Prasad Chandran – learned counsel for “Decent Junction Service Co-operative Bank Ltd.” ('Society' for short), submitted that, the total outstanding in the loan account of the petitioner, as on 05.04.2024, is Rs.15,23,717/-; and that if he is willing to pay the same in not more than 20 equal monthly installments, his client will not stand in the way of this Court disposing of this writ petition on such terms.

¶18

Sri.Latheesh Sebastian – learned counsel for the petitioner, fully agreed to the afore and prayed that this writ petition be thus ordered.

¶19

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.15,23,717/- as on 05.04.2024, along with all applicable charges and interest, in 20 equal monthly installments, commencing from 01.06.2024.

¶20

Needless to say, if the petitioner makes default on payment of two installments as ordered above, further action pursuant thereto can be taken forward, without having to obtain further orders from this Court.

¶21

Sd/- DEVAN RAMACHANDRAN

¶22

JUDGE

¶23

stu

¶24

WP(C) NO. 3748 OF 2023

¶25

¶26

APPENDIX OF WP(C) 3748/2023

¶27

PETITIONER EXHIBITS

¶28

ExhibitP1 TRUE COPY OF THE SALE NOTICE OF THE 2ND RESPONDENT DATED 19.01.2023

¶29

ExhibitP2 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 23.01.2023

Shiyad Salam v. Decent Junction Service Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Shiyad Salam v. Decent Junction Service Co-Operative Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

A.K.Ashraf Vs the State of Kerala

Mary Sadan Apg Pvt. Ltd. Vs Snehil Kumar Singh

Sarada Vs the District Police Chief

Saleem P M Vs Nattika Service Co-Operative Bank LTD.NO.308

Firos Khan R., S/O.Rafia Beevi Vs the Kerala State Financial Enterprises Limited

Balakrishnan Vs the District Police Chief