IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Thursday, the 23rd day of June 2022 / 2nd Ashadha, 1944
WA NO. 1253 OF 2020
AGAINST JUDGMENT DATED 05.02.2020 IN WP(C) 29644/2016 OF THIS COURT
APPELLANT/PETITIONER:
CHINNAMMA GOPALAKRISHNAN, W/O GOPALAKRISHNAN,AGED 69
YEARS, PALAKKUZHIYIL HOUSE, CHAMAMPATHAL P.O.,VAZHOOR VILLAGE,
KOTTAYAM DISTRICT, PIN-686 517.
BY ADV.SRI. SERGI JOSEPH THOMAS
RESPONDENT/RESPONDENTS:
1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, COLLECTORATE BUILDING,
KOTTAYAM, PIN-686 001.
AND 6 OTHERS
BY SENIOR GOVERNMENT PLEADER FOR R1, R2, R4 & R5
ADV.SRI.NANDAGOPAL S.KURUP FOR R3
ADV.SRI.P.C.SASIDHARAN FOR R6 AND R7
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all further coercive steps pursuant to Annexure A1 initiated by
the 3rd respondent bank against the appellant/petitioner, pending final
disposal of the Writ Appeal.
This Writ Appeal again coming on for orders on 23/06/2022 upon
perusing the appeal memorandum and this court's order dated 10/06/2022,
the court on the same day passed the following:
ANNEXURE R1(a): COPY OF GO(MS)NO:42/2012/CD DATED 30.03.2012
ANNEXURE R1(b): COPY OF THE TABULAR CHART OF THE SCHEME
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
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W.A. No. 1253 of 2020
[arising out of the impugned judgment dated 5.2.2020 in WP(C) No.29644/2016]
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Dated this the 23rd day of June, 2022
ORDER
Read this order in continuation of the previous order dated 10.6.2022 passed in this W.A.
2. Sri.Nandagopal S.Kurup, learned counsel appearing for R-3 herein (Vazhoor Farmers Service Co-operative Bank Ltd.) would seek some more time to file a comprehensive affidavit to deal with the various aspects of the case, more particularly, the points covered in this Court's previous order dated 10.6.2022 passed in this appeal.
3. So also, Sri.Sergi Joseph Thomas, learned counsel appearing for the appellant, and Sri.P.C.Sasidharan, learned counsel appearing for R-6 & R-7 (The Kerala Co-operative Development and Welfare Fund Board) would also seek time to file their respective affidavits in the matter.
4. Time granted.
5. The appellant and R-3 (Bank) should also state the W.A. No. 1253/2020 ..2..
details of the loan availed by the appellant from the 3 rd respondent Bank, the date of loan agreement, the principal amount, rate of interest, EMI, the details of the repayment made by the appellant, and also the total outstanding dues separately showing the principal amount and interest as on 21.3.2012, etc.
6. The appellant should also give the figures of the details of the balance principal amount and the balance interest payable, if the waiver of principal amount of Rs.75,000/- and interest thereon at the rate of 13% p.a. is availed by her in terms of G.O.(Rt.) No. 180/2012/CD dated 21.3.2012 and G.O.(MS) No. 42/2012/CD dated 30.3.2012, and the up to date balance to be paid by her, if the claim for waiver is allowed. So also, the appellant should clearly state in the affidavit as to when her Cancer disease was detected, and also the details of the treatment taken by her for the same, and should also produce the latest medical certificate in that regard, and also state as to whether she is willing to immediately clear the balance outstanding dues, if the waiver is allowed.
7. The learned Senior Government Pleader would submit that a memo dated 22.6.2022 has been filed producing W.A. No. 1253/2020 ..3..
therewith copy of G.O.(MS) No. 42/2012/CD dated 30.3.2012, and the comparative tabular chart of the provisions of the unamended Risk Fund Scheme and the amended scheme.
8. We have perused through the said memo dated 22.6.2022 filed on behalf of respondents 1 & 2. Since, the said documents are not marked, it is ordered in the interest of justice that the copy of G.O.(MS) No. 42/2012/CD dated 30.3.2012 will stand marked as Anx.R-1(a), and the copy of the tabular chart of the Scheme, produced as second document in the memo, will stand marked as Anx.R-1(b) respectively. The Registry will take necessary steps to mark those documents separately.
9. Both sides will also address this Court regarding the impact of Sec. 57D (Co-operative Risk Fund Scheme) engrafted in the Kerala Co-operative Societies Act, 1969, more particularly about the impact of Sub Section (3) of Sec. 57D.
10. The Registry will ensure that a Gazette copy of the Kerala Co-operative Societies (Amendment) Act, 2013, along with its explanatory note is made available by the Library, and is placed along with this case file for the perusal of this Court.
W.A. No. 1253/2020 ..4..
11. The learned Senior Government Pleader will also ensure that a copy of G.O.(Rt.) No. 180/2012/CD dated 21.3.2012 is also produced as an additional document, along with a memo.
12. R-6 & R-7 will also furnish instructions as to whether the said body (The Kerala Co-operative Development and Welfare Fund Board) is a body that is to administer the fund referred to in Sec. 57D (Co-operative Risk Fund Scheme), or whether it is only responsible for administering the fund and the scheme in terms of Sec. 57A. So also, the parties will address this Court as to the actual mechanism of grant of benefit of waiver in terms of the abovesaid Scheme, and the abovesaid Government Orders dated 21.3.2012 & 30.3.2012 is available to the claimant, and whether the waived amount of Rs.75,000/- and the interest thereon is to be recouped to the lender Co-operative Society by the 6 th respondent Board, and if not the mechanism.
List the case on 8.7.2022.
H/O. Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
MMG
23-06-2022 /True Copy/ Assistant Registrar