Posted On by &filed under High Court, Kerala High Court.


Kerala High Court
Vijayakumari vs The Vazhoor Farmer’S Service … on 15 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1831 of 2009()


1. VIJAYAKUMARI, W/O. RAGHAVAN,
                      ...  Petitioner

                        Vs



1. THE VAZHOOR FARMER'S SERVICE CO-OP.
                       ...       Respondent

2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE

3. THE SPECIAL SALE OFFICER,

4. THE KERALA CO-OPERATIVE TRIBUNAL,

5. SHAMJI KUMAR, S/O. LATE BHASKARAN,

                For Petitioner  :SRI.P.KURUVILLA JACOB

                For Respondent  :SRI.A.K.ALEX

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :15/06/2010

 O R D E R
             A.K.BASHEER & P.Q.BARKATH ALI, JJ.
                       - - - - - - - - - - - - - - - - - - - - -
                         W.A.No.1831 OF 2009 &
                         W.P.(C)No.7920 OF 2010
                   - - - - - - - - - - - - - - - - - - - - - - - - - -
                     Dated this the 15th day of June, 2010

                                 JUDGMENT

Basheer, J.

When these two cases are taken up for consideration, it is

revealed from the statement filed by respondent No.1, that the dispute

now boils down to the question whether or not the writ petitioner is

bound to pay a further sum of Rs. 15,000/- over and above

Rs. 4,86,822/-, which is admittedly paid by her. While the petitioner

places heavy reliance on Ext.P7 communication received from the

Managing Director of respondent No.1 bank informing her that the

loan account could be closed, if she remits a sum of Rs.4,86,822/- in

full and final settlement, learned counsel for the bank insists that the

petitioner has to pay a further sum of Rs. 15,000/- to enable the bank to

close the loan account.

2. Having heard learned counsel for the parties and having

perused the materials available on record, we are of the view that a

quietus has to be given to this issue, which has led to a spate of

WA.No.1831/09& WPC.No.7920/2010
2

litigations, not only before this court, but before the Co-operative

Tribunal also. To a query made by us as to whether the Bank would

settle the matter, if the petitioner pays a sum of Rs. 5,000/- towards the

alleged dues, the Bank has very gracefully agreed. Learned counsel for

the petitioner has also agreed to the above suggestion.

Therefore, respondent No.1 is directed to receive Rs. 5,000/-

from the petitioner and close the loan account recording full

satisfaction. The above sum of Rs. 5000/- shall be paid by the

petitioner within one week from today. Respondent No.1 shall

peremptorily release all the title deeds produced by the petitioner at the

time of availing of the loan within one week from the date of receipt of

the money.

Writ petition and Writ Appeal are disposed of with the above

directions.

A.K.BASHEER, JUDGE

P.Q.BARKATH ALI, JUDGE
sv.

WA.No.1831/09& WPC.No.7920/2010
3

WA.No.1831/09& WPC.No.7920/2010
4


Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

11 queries in 0.111 seconds.