SHAHIDA.M., v. THE STATE OF KERALA,
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-04-09. SHAHIDA.M., v. THE STATE OF KERALA,. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TH TUESDAY, THE 9 DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 13748 OF 2024 PETITIONER: SHAHIDA. M. , AGED 59 YEARS, W/O. NIZAMUDEEN. S, BHAGYODAYAM, THEKKEVILA P. O. , MUNDAKKAL, KOLLAM, PIN - 691016 BY ADVS. DENU JOSEPH MUHISEENA. V. Z T. S. SANTHOSH (NETTOORAN) MANJU M. K. JOYAL P. JOY RESPONDENTS: 1 THE STATE OF KERALA, DEPARTMENT OF CO-OPERATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695001 REPRESENTED BY ITS SECRETARY. 2 SPECIAL SALE OFFICER, CO-OPERATIVE SOCIETY ASSISTANT REGISTRAR (GENERAL) OFFICE, KOLLAM - 13, PIN - 695013 3 DECENT JUNCTION SERVICE CO-OPERATIVE BANK LTD. NO. 133, DECENT JUNCTION P. O. , KOLLAM, PIN – 691577 REPRESENTED BY ITS SECRETARY 4 OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P. O. , KERALA, PIN - 695014 REPRESENTED BY ITS REGISTRAR. BY ADVS. SRI. PRASAD CHANDRAN SMT. C. S. SHEEJA – SR.
GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09. 04. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C) No. 13748 of 2024 : 2 : JUDGMENT When this matter was called today, Sri. Prasad Chandran – learned counsel for the respondent Bank, submitted that, the total outstanding in the Loan Account of the petitioner, as on 09. 04. 2024, is Rs. 7,05,595/-; and that if she is willing to pay the same in not more than 15 equal monthly installments, his client will not stand in the way of this Court disposing of this writ petition on such terms. 2. Sri. Denu Joseph – learned counsel for the petitioner, fully agreed to the afore and prayed that this Writ Petition be thus ordered. 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. 7,05,595/- as on 09. 04. 2024, with all applicable charges and interest, in 15 equal monthly installments commencing from 01. 06.
2024. If this is done, the Bank shall close the Loan account and return the security documents to her, on proper receipt. Needless to say, as long as the petitioner pays as per the above directions, all further action pursuant to Ext. P1 will stand W. P. (C) No. 13748 of 2024 : 3 : deferred; but if she defaults payment of any two consecutive installments as ordered above, the Bank will be at full liberty to invoke appropriate remedies for recovery of the total balance amount as per law, without having to obtain any further orders from this Court. Sd/- DEVAN RAMACHANDRAN JUDGE ACR W. P. (C) No. 13748 of 2024 : 4 : APPENDIX OF WP(C) 13748/2024 PETITIONER EXHIBITS Exhibit. P1 THE COPY OF THE AUCTION NOTICE ISSUED BY THE 2ND RESPONDENT DATED 06. 03. 2024 RESPONDENTS' EXHIBITS : NIL.
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