IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 6135 of 2011(N) ------------------------- PETITIONER(S): --------------- S.R.SAJUKUMAR, CLERK, M.G.M.HIGH SCHOOL, POOZHANADU P.O., NEYYATTINKARA, RESIDING AT KANDAMATHU VEEDU, KURAVARA, OTTASEKHARAMANGALAM P.O.,NEYYATTINKARA, THIRUVANANTHAPRUAM - 695125. BY ADV. SRI.C.K.MOHANAN RESPONDENT(S): --------------- 1. THE KERALA, STATE OCO-OPERATIVE BANK LTD POOJAPPURA, REPRESENTED BY ITS BRANCH MANAGER, POOJAPPURA, THIRUVANANTHAPURAM - 695007. 2. THE KERALA, STATE CO-OPERATIVE BANK LTD. REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, THIRUVANANTHAPURAM - 695001. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA THIRUVANANTHAPURAM - 695001. ADV. SRI.NAGARAJ NARAYANAN, SC FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 6135 OF 2011 -------------------------- Dated this the 31st day of March, 2011 J U D G M E N T The petitioner availed a loan of Rs.One lakh from the Poojappura branch of the Kerala State Co-operative Bank Ltd., on 15.9.2000 agreeing to repay it in monthly instalments of Rs.2,330/- over a period of five years. The petitioner defaulted repayment of the loan. This writ petition is filed contending that though the Registrar of Co-operative Societies has issued Ext.P1 Circular dated 23.12.2010 granting certain concessions, the first respondent bank has declined to extend the benefits thereunder to the petitioner. 2. When the writ petition came up for hearing on 25.2.2011, the learned standing counsel appearing for the first respondent bank was directed to get instructions. Today when the writ petition came up for further hearing, Sri.Nagaraj Narayan, learned standing counsel appearing for the first respondent bank submitted that though the petitioner was bound to repay the loan availed from the Poojappura branch on 15.9.2000 in equal monthly instalments of Rs.2,330/- over a period of five years, he did not repay the loan in time and that he had paid only the sum of Rs.47,415/-. The learned WPC No.6135/2011 2 counsel submitted that as on 31.3.2011 the sum of Rs.3,23,820/- is due from the petitioner. The learned standing counsel also stated that the bank has decided to extend the benefit of Ext.P1 circular to the petitioner by waiving the sum of Rs.1,61,000/- from the aforesaid amount and that if the petitioner pays the sum of Rs.1,62,854/- and the establishment charges calculated in terms of paragraph 2 of Ext.P1 circular, the bank will record full satisfaction of the loan and close the loan account. The learned counsel further submitted that after the writ petition was filed the petitioner had paid the sum of Rs.1,30,000/- and that if the said amount is credited, the balance amount payable by the petitioner will be Rs.32,854/-, besides the establishment charges. In such circumstances, I dispose of the writ petition with a direction that in the event of the petitioner remitting the sum of Rs.32,854/- before the close of banking hours today and the sum of Rs.6,100/- by way of establishment charges within two weeks from today, the bank shall record full satisfaction of the loan and close the loan account. P.N.RAVINDRAN, (JUDGE) vps WPC No.6135/2011 3