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2024 Supreme(Online)(KER) 9630
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 30TH DAY OF MAY 2024 / 9TH JYAISHTA, 1946 WP(C) NO. 11976 OF 2024 PETITIONERS:
1 SOMAN M.M., AGED 53 YEARS S/O. MADHAVAN, MOONGAKUNNEL HOUSE, CHELACHUVADU P.O., IDUKKI, PIN - 685602
2 MANOHARAN V.M, AGED 50 YEARS S/O. MADHAVAN, VARAMPANPLACKAL HOUSE, CHELACHUVADU P.O.
IDUKKI, PIN - 685602 BY ADVS.
LIJI.J.VADAKEDOM ATHUL V. VADAKKEDOM RESPONDENTS:
1 KAVALANGAD SERVICE CO-OPERATIVE BANK LTD.1348 REPRESENTED BY ITS SECRETARY, NERIYAMANGALAM BRANCH, NELLIMATTOM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686693
2 THE SPECIAL SALE OFFICER KAVALANGAD SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691 BY ADVS.
ANJANA KANNATH P.G.PRAMOD(K/749/2007)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
When this matter was called today, the learned counsel for the respondent – Society, submitted that the total outstanding in the loan account of the petitioners, as on 30.05.2024, is Rs.18,50,800/-; and that if they are willing to pay the same in not more than 18 equal monthly installments, his client will not stand in the way of this Court disposing of this writ petition on such terms.
2. Sri.Liji J.Vadakkedom – learned counsel for the petitioners, fully agreed to the afore and prayed that this writ petition be thus ordered.
3. In the afore circumstances, I allow this writ petition, granting liberty to the petitioners to pay Rs.18,50,800/- as on 30.05.2024, along with all applicable charges and interest, in 18 equal monthly installments, commencing from
30.06.2024.
Needless to say, if the petitioners continue to pay as afore, all action pursuant to the impugned order will stand deferred; but if they default payment of two 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 stu APPENDIX OF WP(C) 11976/2024 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE COMMUNICATION DATED
12.12.2023 Exhibit P2 THE COPY OF THE NOTICE DATED 17.2.2024 REGARDING SALE OF THE PROPERTY OF THE PETITIONERS WITH RESPECT TO E.P. NO. 293/2020 FOR AN AMOUNT OF RS. 4,92,602.50 ISSUED TO THE 1ST PETITIONER Exhibit P2(a) THE COPY OF THE NOTICE DATED 17.2.2024 REGARDING SALE OF THE PROPERTY OF THE PETITIONERS WITH RESPECT TO E.P. NO. 435/2021 FOR AN AMOUNT OF RS.4,25,663/-
ISSUED TO THE 1ST PETITIONER Exhibit P2(b) THE COPY OF THE NOTICE DATED 17.2.2024 REGARDING SALE OF THE PROPERTY OF THE PETITIONERS WITH RESPECT TO E.P. NO. 337/2019 FOR AN AMOUNT OF RS. 7,57,409/-
ISSUED TO THE 1ST PETITIONER Exhibit P2(c) THE COPY OF THE NOTICE DATED 17.2.2024 REGARDING SALE OF THE PROPERTY OF THE PETITIONERS WITH RESPECT TO E.P. NO. 434/2021 FOR AN AMOUNT OF RS. 2,85,990/-
ISSUED TO THE 1ST PETITIONER Exhibit P2(d) THE COPY OF THE NOTICE DATED 17.2.2024 REGARDING SALE OF THE PROPERTY OF THE PETITIONERS WITH RESPECT TO E.P. NO. 376/2019 FOR AN AMOUNT OF RS. 26,934/-
ISSUED TO THE 1ST PETITIONER Exhibit P3 THE COPY OF THE NOTICE DATED 17.2.2024 REGARDING SALE OF THE PROPERTY OF THE PETITIONERS WITH RESPECT TO E.P. NO. 293/2020 FOR AN AMOUNT OF RS. 4,92,602.50 ISSUED TO THE 2ND PETITIONER Exhibit P3(a) THE COPY OF THE NOTICE DATED 17.2.2024 REGARDING SALE OF THE PROPERTY OF THE PETITIONERS WITH RESPECT TO E.P. NO. 435/2021 FOR AN AMOUNT OF RS.4,25,663/-
ISSUED TO THE 2ND PETITIONER Exhibit P3(b) THE COPY OF THE NOTICE DATED 17.2.2024 REGARDING SALE OF THE PROPERTY OF THE PETITIONERS WITH RESPECT TO E.P. NO. 337/2019 FOR AN AMOUNT OF RS. 7,57,409/-
ISSUED TO THE 2ND PETITIONER Exhibit P3(c) THE COPY OF THE NOTICE DATED 17.2.2024 REGARDING SALE OF THE PROPERTY OF THE PETITIONERS WITH RESPECT TO E.P. NO. 434/2021 FOR AN AMOUNT OF RS. 2,85,990/-
ISSUED TO THE 2ND PETITIONER Exhibit P3(d) THE COPY OF THE NOTICE DATED 17.2.2024 REGARDING SALE OF THE PROPERTY OF THE PETITIONERS WITH RESPECT TO E.P. NO. 376/2019 FOR AN AMOUNT OF RS. 26,934/-
ISSUED TO THE 2ND PETITIONER
