IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 19THDAY OF JUNE 2024 / 29TH JYAISHTA, 1946
WP(C) NO. 15864 OF 2024
PETITIONER:
PHILOMINA MATHEW,
AGED 78 YEARS
W/O LATE MATHEW, KOCHUPURAKKAL HOUSE, CHEMBALAM P.O, VATTAPARA, IDUKKI, PIN - 685553
BY ADV V.P.SATHI
RESPONDENTS:
1 MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
BANK LTD NO.K352, NEDUKANDAM P, O IDUKKI(REPRESENTED BY
ITS MANAGER), PIN - 685553
2 THE TAHSILDAR
UDUMPANCHOLA, NEDUMKANDAM P.O, IDUKKI DISTRICT, PIN -
685554
3 THE SECRETARY,
PAMPADUMPARA GRAMA PANCHAYAT, UDUMPUMCHOLA. P.O, IDUKKI
DISTRICT(REPRESENTED BY ITS SECRETARY), PIN - 685553
BY ADVS.
GILDA DAVIS(K/001134/2024) JOHIN JOHNSON(K/000645/2024) JIBI JOHNSON(K/000447/2024)
SRI.V.H.JASMINE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 19THDAY OF JUNE 2024 / 29TH JYAISHTA, 1946
WP(C) NO. 15835 OF 2024
PETITIONERS:
1 JOSSY MATHEW
AGED 49 YEARS
S/O LATE MATHEW, KOCHUPURAKKAL HOUSE, CHEMBALAM P.O, VATTAPARA, IDUKKI., PIN - 685554
2 MATHUKKUTTY MATHEW,
AGED 56 YEARS
KOCHUPURAKKAL HOUSE, CHEMBALAM P.O, VATTAPARA, IDUKKI.,
PIN - 685553
BY ADV V.P.SATHI
RESPONDENTS:
1 MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.K352, NEDUKANDAM, IDUKKI, PIN -
685553
2 THE TAHSILDAR
UDUMPANCHOLA, NEDUMKANDAM IDUKKI DISTRICT, PIN - 685554
3 THE SECRETARY,
PAMPADUMPARA GRAMA PANCHAYAT UDUMPUMCHOLA IDUKKI
DISTRICT, PIN - 685555
BY ADVS.
GILDA DAVIS(K/001134/2024) JOHIN JOHNSON(K/000645/2024) JIBI JOHNSON(K/000447/2024)
SMT. V.H.JASMINE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
I am disposing of both these Writ Petitions jointly through this judgment because, it is conceded unequivocally by either sides that the subject matter of both are loans availed by the petitioners.
2. The limited plea of the petitioners, as voiced by their learned counsel - Smt.V.P.Sathi, is that they may be given some time to pay off the entire liability and also that they be offered the benefit of paying it off in instalments. She conceded that her clients have not honoured an interim order granted by this Court in WP(C) No.15835/2024, to pay Rs.2,00,000/-; and that they will do so, if given three more months, with the balance to be paid in 20 equal monthly installments.
3. In response, the learned Standing Counsel for the respondent - Bank, submitted
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that the total liability in the loan account covered by these two cases is Rs.19,18,977/- as on 19.06.2024; and that if the petitioners pay Rs.2,00,000/- as ordered by this Court in the interim order on or before 15.08.2024, the balance can be allowed to be paid in 20 equal monthly instalments thereafter, commencing from
15.09.2024.
4. Smt.V.P.Sathi, learned counsel for the petitioner acceded to the afore suggestion.
5. In the afore circumstances, I allow this Writ Petition, permitting the petitioners to pay Rs.2,00,000/- on or before 15.08.2024; and the balance in 20 equal monthly instalments thereafter, commencing from 15.09.2024.
6. Needless to say, if the amounts as afore are paid by the petitioners, the account will stand closed and the Malanad Co-operative Agricultural and Rural Development Bank will
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return to them all title documents as are necessary; but, if on the contrary, any two instalments are defaulted, the benefit of this judgment will be lost to them and the Bank will be at full liberty to pursue further action pursuant to Ext.P1, without having to obtain further orders from this Court.
It is also needless to say, therefore, that as long as the amounts as afore are paid, all further action pursuant to Ext.P1 will stand deferred.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
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