Sunil C.K vs The Joint Registrar Of Co-Operative ...

Kerala High Court

Sunil C.K vs The Joint Registrar Of Co-Operative ... on 21 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 23rd DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       WP(C) NO. 13079 OF 2024


PETITIONER:

            SUNIL C.K., AGED 56 YEARS, S/O. MALATHI,
            'KRISHNA DAMODARAM', P.O. CHELERI,
            KANNADIPARAMBA, KANNUR,, PIN - 670604

            BY ADV O.D.SIVADAS


RESPONDENTS:

    1       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
            (GENERAL), OFFICE OF THE JOINT REGISTRAR OF
            CO-OPERATIVE SOCIETIES, THAVAKKARA, KANNUR.,
            PIN - 670002

    2       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL), THALIPARAMBA, KANNUR DISTRICT,,
            PIN - 670141

    3       THE KOLECHERY SERVICE CO-OPERATIVE BANK LTD.
            NO.C 354, P.O. CHELERI, KANNUR, REPRESENTED BY
            THE SECRETARY., PIN - 670604

            BY ADV RAJESH SUKUMARAN K


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 13079/24
                                            2

                                 JUDGMENT

When this matter was called today, the learned Standing Counsel for the respondent-Bank, submitted that, even though an amount of Rs.30,00,000/- has been ordered to be paid by the petitioner by this Court through the interim order dated 27.03.2024, it has not been paid and that the total outstanding in his loan account comes to Rs.39,77,634/-, as on 01.04.2024. He added that, if the petitioner is willing to pay an amount of Rs.5,00,000/- on or before 15.06.2024 and the balance in 18 equal monthly installments, commencing from 20.07.2024, the account can be regularised.

2. The learned counsel for the petitioner - Sri.O.D.Sivadas, accepted the afore suggestion.

Taking note of the afore submissions, I allow this Writ Petition, permitting the petitioner to pay Rs.5,00,000/- on or before 15.06.2024 and the balance in 18 equal monthly installments, along with all applicable charges and interest, starting from 20.07.2024.

Needless to say, if the amounts as afore are paid by the petitioner, the account will stand closed and the Bank will return to him all security documents as are necessary; but, if on the contrary, any two installments are defaulted, the benefit of this judgment will be lost to him and the Bank will be at full liberty to pursue further recovery action against him without having to WPC 13079/24 3 obtain further orders from this Court.

It is also needless to say, therefore, that as long as the amounts as afore are paid, all further recovery action against the petitioner will stand deferred.

After I dictated this part of the judgment, Sri.O.D.Sivadas submitted that his client also intends to approach the Bank for a One-Time-Settlement and sought liberty for the same.

Adverting to the afore request, if the petitioner is to approach the Bank for a One-Time-Settlement, the same will also be taken into account and appropriate orders issued, but should it not work out, the afore payment schedule will be adhered to by him.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                              JUDGE
 WPC 13079/24
                                 4

                APPENDIX OF WP(C) 13079/2024

PETITIONER EXHIBITS
Exhibit P 1         TRUE COPY OF THE LETTER DATED 06.12.2023
                    ISSUED FROM THE 1ST RESPONDENT
Exhibit P2          TRUE COPY OF THE REPRESENTATION DATED

29/12/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE REQUEST DATED 25.03.2024 SUBMITTED BY THE PETITIONER