Nalini.P vs The Registrar Of Co Operative ...
2021 Latest Caselaw 11753 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.24870 OF 2020(G)


PETITIONER/S:

                NALINI.P
                PURAPADIYATH HOUSE, NO.4, LOVE SHORE APARTMENTS,
                SAW MILL ROAD, KOOKANCHERY, THRISSUR-680 007,
                (NOW RESIDING AT GOURISHANKARAM, PURAPADIYATH HOSUE,
                ROSA BAZZAR, VIYOOR, THRISSUR-680 010).

                BY ADVS.
                SRI.C.ANIL KUMAR
                SMT.A.K.PREETHA

RESPONDENT/S:

      1         THE REGISTRAR OF CO OPERATIVE SOCIETIES
                JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
                THYCAUD P.O., THIRUVANANTHAPURAM-695 014.

      2         JOINT REGISTRAR OF CO-OPERAATIVE SOCIETIES, THRISSUR,
                OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
                SOCIETIES, CIVIL STATION, AYYANTHOLE,
                THRISSUR-680 003.

      3         THE THRISSUR URBAN CO-OPERATIVE BANK LIMITED,
                HEAD OFFICE, MISSION QUARTERS, THRISSUR-680 001,
                REPRESENTED BY ITS GENERAL MANAGER.

                R3 BY ADV. SRI.C.D.DILEEP

                SMT MABLE C KURIAN, GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24870 OF 2020(G)                  2




                                      JUDGMENT

The petitioner herein is an 'A-class' member of the Thrissur Urban Co-

operative Bank Ltd. She has approached this Court seeking the following

reliefs:

i) writ of mandamus directing respondents 1 and 2 to act on Exhibit P6 representation in accordance with law;

ii) to direct the 3rd respondent to permit the petitioner to close the housing loan account No.1006-515-211 and release the title deeds mortgaged by the petitioner for availing the said loan;

iii) to hold that the 3rd respondent had no right to withhold the title deeds deposited by the petitioner for availing housing loan, towards any other liability, once the account for which the title deeds were obtained as security;

2. A counter affidavit has been filed by the 3rd respondent

bank. It is stated in the counter affidavit that the petitioner had availed

a housing loan for a sum of Rs.20,00,000/- (Rupees Twenty lakhs only)

on 06.08.2014 after depositing the title deeds of her property. She has

committed default and the bank has declared the loan as 'NPA'.

However, no proceedings have been initiated for recovery of the

amount. It is further stated that the amount due from the petitioner as

on 08.02.2021 is Rs.19,58,869/-. It is also stated that the petitioner is

having 15 gold loan accounts in the ST Nagar branch of the bank for a

total amount of Rs.78,33,280/-. At present, 6 gold loans are pending for

payment. The total dues in those accounts is Rs.9,73,533/-. In

paragraph No.8 of the counter affidavit, it is stated that the bank is

prepared to return the security documents on condition that the

petitioner repays the entire loan amount due with interest which comes

to Rs.19,58,869/- as on 08.02.2021 and a sum of Rs.9,73,533/- as on

08.02.2021 towards the arrears in the gold loan accounts vide Nos. GL-

7100025251, GL-7100025252, GL-7100025253, GL-7100024745, GL-

7100025295 and GL-7110004233.

3. Smt. A.K. Preetha, the learned counsel appearing for the

petitioner, submits that ARC No.73/2019 is pending before the Co-operative

Arbitration Court (Northern), Kozhikode and notwithstanding the pendency of

the same, she is prepared to pay the sum as stated in the counter affidavit.

It is stated that she shall independently pursue the ARC proceedings and

take the matter to its logical conclusion.

4. In the counter affidavit, the amount due has been calculated as

on 8.2.2021. More than two months have elapsed thereafter. In that view of

the matter, I direct the petitioner to approach the 3rd respondent within a

period of ten days from today. The 3rd respondent shall calculate the

amount due as on date and provide a statement. If the petitioner pays the

amount calculated as above, the respondent shall forthwith release the entire

documents retained as security from the petitioner and also the gold

ornaments relating to the loan accounts vide Nos. GL-7100025251, GL-

7100025252, GL-7100025253, GL-7100024745, GL-7100025295 and GL-

7110004233.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE NS

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LOAN PASS BOOK ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER IN LOAN ACCOUNT NO.1006-515-211.

EXHIBIT P2 TRUE COPY OF GOLD LOAN CARD ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER ON 05.06.2014.

EXHIBIT P3 TRUE COPY OF GOLD LOAN CARD ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER ON 27.10.2014.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 25.09.2018 OS SUB COURT, THRISUSR IN OS NO.55/2016.

EXHIBIT P5 TRUE COPY OF CERTIFICATE OF ENCUMBRANCE ISSUED BY THE SUB REGISTRAR'S OFFICE, THRISSUR ON APPLICATION NO.11704/20.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 21.10.2020 SUBMITTED BY THE PETITIONER TO THE RESPONDENT 1 AND 2.

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE