High CourtsSingle Bench(2021) 03 KL CK 0268

Muralidharan And Ors vs Kallumkunnu Service Co-Operative Bank Ltd And Ors

High Court Of Kerala · Decided on 23 March 2021

HON’BLE JUDGES
Sunil Thomas, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 7533, 7539, 7545 Of 2021

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Judgment

4 paragraphs · 279 words
1.

Writ petitioners have availed loan from the first respondent/bank after mortgaging their properties. Since default was committed, properties were brought for sale. By separate notices produced along with each of the Writ Petitions, properties are put for sale to be conducted on 24.03.2021. Petitioners have approached this Court contending that, they are making hasty efforts to discharge the liability by making substantial payment.

2.

Having considered the limited prayer made by the petitioners and also the offer made by the learned counsel for the petitioners that the entire liability can be discharged in two monthly installments on or before 30th of April 2021, I am inclined to dispose of the Writ Petitions itself without issuing notice to the respondents.

3.

Petitioners offered to deposit one half of the money claimed by the sale notices in each of the Writ Petitions on or before 7th of April 2021. Sale will stand adjourned till 07.04.2021. The amount claimed in the notices shall be remitted in the respective loan account on or before 07.04.2021. If the amount is so deposited, sale will stand deferred till 30.04.2021. Entire remaining balance amount shall be remitted on or before 30.04.2021. If the entire amount is paid on or before 30.04.2021, the respondents shall close the debt and issue Debt Clearance Certificate. It is made clear that, in the eventuality of the breach of the condition to remit 50% of the amount on 07.04.2021 or the remaining balance on 30.04.2021, this benefit will be lost and the bank will be entitled to proceed with the sale of the properties as originally notified any day after the date of default.

Writ Petitions are disposed of accordingly.