Amina Meerakkutty vs The Assistant Registrar Of ...

Kerala High Court

Amina Meerakkutty vs The Assistant Registrar Of ... on 23 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                        WP(C) NO. 8673 OF 2024
PETITIONER:

            AMINA MEERAKKUTTY, AGED 93 YEARS
            W/O MEERAKKUTTY, MELETHUNJALIL HOUSE, VARAPPETTY
            VILLAGE, INJOOR KARA, KOTHAMANGALAM TALUK, PIN - 686691

            P.M.RAFEEK
            RADHIKA V.R.


RESPONDENTS:

    1       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR,
            KOTHAMANGALAM, PIN - 686691

    2       SPECIAL SALE OFFICER, KOZHIPPILLY SCB GROUP, C/O THE
            ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL), KOTHAMANGALAM, PIN - 686691

    3       THE CO-OPERATIVE INSPECTOR (ARBITRATION AND EXECUTION)
            CO-OPERATIVE ASSISTANT REGISTRAR OFFICE (GENERAL),
            KOTHAMANGALM, PIN - 686691

    4       KOZHIPPPILLY SERVICE CO-OPERATIVE BANK LTD, E-167,
            KOZHIPPILLY, KOTHAMANGALAM, REPRESENTED BY ITS
            SECRETARY PIN - 686691

    5       THE SECRETARY, KOZHIPPPILLY SERVICE CO-OPERATIVE BANK
            LTD, E-167, KOZHIPPILLY, KOTHAMANGALAM, - 686691

            ALIAS M. CHERIAN
            K.M.RAPHY(K/542/2012)
            BRISTO S PARIYARAM(K/1756/2020)
            AMEERA JOJO(K/001581/2023)
            MINNU DARWIN(K/000631/2023)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8673 OF 2024
                                  2


                               JUDGMENT

The petitioner has approached this Court seeking a direction to the third respondent to dispose of Exts.P4 to P6 applications, which, she says, are ones filed to set aside ex parte Awards against her.

2. However, today, Sri.P.M.Rafeek - learned counsel for the petitioner, submitted that, pending this matter, Exts.P4 to P6 applications have been dismissed and therefore, that the Awards are now in force. He then made a submission that if this Court is so inclined, the Bank may be directed to allow his client to pay off the entire liability in installments, particularly because she is now in the winter years of her life.

3. Sri.Alias M. Cherian - learned standing counsel for the respondent - Bank, in response, submitted that the total amount under the Award is Rs.22,65,461/- as on 20.03.2024 and that if the petitioner is so interested, she can approach the Bank with a representation seeking settlement, so that any eligible reductions can be given to her and she can also pay off the amounts in suitable installments.

4. The learned counsel for the petitioner accepted the afore WP(C) NO. 8673 OF 2024 3 suggestion.

5. In the afore circumstances, I dispose this writ petition, leaving liberty to the petitioner to approach the Bank with an appropriate representation seeking any relief that she may feel necessary; and if this is done within a period of one month from the date of receipt of a copy of this judgment, the same shall be considered after hearing her or her authorised representative, thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible.

6. Needless to say, until such time as the afore is done and the resultant order communicated to the petitioner, all further recovery action against her based on the Awards shall stand deferred.

7. I, however, clarify that should the petitioner approach the Bank for installments, along with all eligible reductions, the same shall also be considered and she be favoured with the most suitable structure, so that she will be in a position to pay it off in terms of law.

As a corollary, I also leave liberty to the petitioner to approach this Court again in case she requires any further WP(C) NO. 8673 OF 2024 4 orders; for which purpose, all contentions in that regard are left open.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 8673 OF 2024 5 APPENDIX OF WP(C) 8673/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO. 580/12 DATED 6/03/2012 OF POTHANICADU S.R.O Exhibit P2 TRUE COPY OF THE NOTICE DATED 2/2/2024 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE AWARD DATED 4/10/2021 IN ARBITRATION CASE (FILE NO.) 2779/2019 PASSED BY THE 3RD RESPONDENT IN FAVOUR OF THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE APPLICATION FOR SETTING ASIDE EXPARTE AWARD DATED 22/2/2024 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE DELAY CONDONATION PETITION DATED 22/2/2024 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE STAY PETITION DATED 22/2/2024 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT