Kerala High Court
Ajith Kumar E. P vs Department Of Co-Operation on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 12814 OF 2024
PETITIONER/S:
AJITH KUMAR E. P.,
AGED 56 YEARS
S/O. A. N. EESWARA PILLA, MUNDIYAYIL HOUSE, POTHAKUZHY
P.O., PAMPADY, KOTTAYAM, PIN - 686502
BY ADVS.
DENU JOSEPH
MUHISEENA.V.Z
MANJU M.K.
JOYAL P. JOY
RESPONDENT/S:
1 DEPARTMENT OF CO-OPERATION,
JAWAHAR SAHAKARANA BHAVAN, DEPARTMENT OF CO-
OPERATION,DPI JUNCTION, THYCAUD P.O., KERALA -
REPRESENTED BY ITS GOVERNMENT SECRETARY., PIN - 695014
2 SPECIAL SALE OFFICER,
PAMPADY, S.C.B. GROUP CO-OPERATIVE SOCIETY ASSISTANT
REGISTRAR (GENERAL) OFFICE, KOTTAYAM -, PIN - 686521
3 PAMPADY SERVICE CO-OPERATIVE BANK,
NO. 831, HO: SOUTH PAMPADY, KARUKACHAL ROAD KOTTAYAM -
REPRESENTED BY ITS SECRETARY, PIN - 686521
4 OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
KERALA - REPRESENTED BY ITS REGISTRAR, PIN - 695014
BY ADV V.K.PRASAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12814 OF 2024
2
JUDGMENT
The petitioner seeks that the respondent Bank be directed to restructure his loan account-consequent to the default of payment in which, Exts.P3 and P4 Revenue Recovery notices have been issued.
2. The learned Standing Counsel for the respondent-Bank, Sri.V.K.Prasad, however, submitted that, normally, restructuring of loan accounts is not undertaken by his client and that the petitioner can be allowed to pay off the total outstanding therein-which is to a sum of Rs.26,30,000/-, as on 31.03.2024-in not more than 18 or 20 equal monthly instalments.
3. Smt.Muhiseena V.Z., learned counsel for the petitioner however, submitted that her client may not be in a position to pay off the entire liability in the afore WP(C) NO. 12814 OF 2024 3 manner; and therefore requested liberty for him to approach the Bank again with an apposite representation.
4. The learned Standing Counsel for the respondent Bank did not oppose the afore course; however prayed that the petitioner be directed to make her representation at the earliest.
In the afore circumstances, I allow this writ petition to the limited extent of leaving liberty to the petitioner to move the respondent Bank with appropriate request
- either seeking regularisation, or for payment of the total outstanding in instalments-which shall be done not later than two weeks from the date of receipt of a copy of this judgment.
On the afore being done, the competent Authority of the Bank will hear the WP(C) NO. 12814 OF 2024 4 petitioner and take a final decision on the representation; thus communicating its resultant decision to him without any avoidable delay.
Needless to say, until such time as the afore is done and the resultant order communicated to the petitioner, all further coercive recovery action pursuant to Exts.P3 and P4 will stand deferred; but can be taken forward depending upon such decision.
Sd/-
DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO. 12814 OF 2024 5 APPENDIX OF WP(C) 12814/2024 PETITIONER EXHIBITS Exhibit.P1 TRUE COPY OF THE AWARD WITH ARC NO. 4602/2022 ISSUED BY THE 2ND RESPONDENT DATED 30.12.2022 Exhibit.P2 TRUE COPY OF THE AWARD WITH ARC NO. 2095/2023 ISSUED BY THE 2ND RESPONDENT DATED 14.06.2023 Exhibit.P3 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 20.03.2024 WITH RESPECT OF LOAN NO. HL 52 HOUSING LOAN Exhibit.P4 TRUE COPY OF THE DEMAND NOTICE WITH RESPECT OF LOAN NO. OF 4728 EXTENSION OF THE HOUSING LOAN ISSUED BY THE 2ND RESPONDENT DATED 20.03.2024