IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 22^ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946 WP(C) NO. 2298 OF 2024 PETITIONERS:

1 E. GEORGE VARGHESE, AGED 77 YEARS, S/O E.G. GEORGE, EDATHARA HOUSE, PULICKALKAVALA, CHANGANACHERRY P.O, KOTTAYAM, PIN – 686105.

2 THRESSIAMMA VARGHESE, AGED 55 YEARS, W/ O. GEORGE VARGHESE EDATHARA HOUSE, PULICKALKAVALA CHANGANACHERRY P 0 KOTTAYAM, PIN – 686105.

BY ADV LAVARAJ M.G.

RESPONDENTS:

1 TRIKADITHANAM SERVICE CO-OPERATIVE BANK THRICKODITHANAM P O CHANGANCHERRY KOTTAYAM REPRESENTED BY BRANCH MANAGER, PIN – 686105.

2 BRANCH MANAGER TRIKADITHANAM SERVICE COOPERATIVE BANK THRIKADITHANAM P O CHANGANCHERRY KOTTAYAM, PIN – 686105.

3 THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETY CHANGANCHERRY KOTTAYAM, PIN – 686105.

BY ADV O.D.SIVADAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

22.05.2024, ALONG WITH WP(C).2345/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 22^ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946 WP(C) NO. 2345 OF 2024 PETITIONERS:

1 E. GEORGE VARGHESE, AGED 77 YEARS S/O E.G. GEORGE, EDATHARA HOUSE, PULICKALKAVALA, CHANGANACHERRY P O, KOTTAYAM, PIN – 686105.

2 THRESSIAMMA VARGHESE, AGED 55 YEARS W/O. GEORGE VARGHESE EDATHARA HOUSE, PULICKALKAVALA CHANGANACHERRY P 0 KOTTAYAM, PIN – 686105.

BY ADV LAVARAJ M.G.

RESPONDENTS:

1 TRIKADITHANAM SERVICE CO-OPERATIVE BANK THRICKODITHANAM P O CHANGANCHERRY-

REPRESENTED BY BRANCH MANAGER, PIN – 686105.

2 BRANCH MANAGER, TRIKADITHANAM SERVICE CO-

OPERATIVE BANK THRIKADITHANAM P O, CHANGANCHERRY, PIN – 686105.

3 THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY, CHANGANACHENY, PIN – 686101.

BY ADV.O.D.SIVADAS SMT.MABLE C.KURIAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.05.2024, ALONG WITH WP(C).2298/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT [WP(C) Nos.2298/2024, 2345/2024]

Sri.Lavaraj M.G. - learned counsel for the petitioners, pleaded that, though his clients have not been able to comply with the interim order of this Court dated 19.01.2024, they be given one more opportunity to pay off the entire loan liability in instalments; offering they will remit the amounts ordered by this Court within the shortest period of time.

2. Sri.O.D.Sivadas – learned counsel for respondents 1 and 2, in response to the afore request of the petitioners, submitted that the total outstanding in the loan account of the 1^st petitioner is Rs.16,50,596/-; while that in the account of the 2^nd petitioner is Rs.33,16,094/- both as on 22.05.2024; and that, if they remit two lakhs each, as ordered by this Court earlier, within a period of one month, the balance can be allowed to be paid off in not more than 12 equal monthly installments.

3. The learned counsel for the petitioners accepted the afore suggestion.

`In view of the afore, I allow these Writ Petitions with the following directions:

(a) The petitioners will remit an amount of Rs.2 lakhs each to their respective loan accounts with the Bank, on or before 20.06.2024.

(b) On the afore being done, petitioners will be at liberty to pay off the balance in their respective loan accounts, which is stated to be Rs.16,50,596/- (Rupees sixteen lakhs fifty thousand five hundred and ninety six only) in the case of the 1^st among them; and Rs.33,16,094/- (Rupees thirty three lakhs sixteeen thousand ninety four only) in the case of the second as on 22.05.2024, along with all applicable charges and interest in not more than

12 equal monthly instalments, commencing from

20.07.2024.

(c) Needless to say, if the petitioners continue to pay as afore, all action pursuant to Ext.P1 in both cases will stand deferred; but if they default payment of any two instalments as ordered above, necessary action pursuant thereto can be taken forward, without having to obtain further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv APPENDIX OF WP(C) 23