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
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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.
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