Ramagopalan Nair vs The Thrissur Service ...
2021 Latest Caselaw 16095 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
                   WP(C) NO. 1105 OF 2020


PETITIONERS:

    1    RAMAGOPALAN NAIR
         AGED 66 YEARS
         S/O. VASUDEVAN NAIR, RAMABHADRALAYATHIL HOUSE,
         ARATTUPUZHA DESOM, ARATTUPUZHA VILLAGE, THRISSUR
         TALUK, THRISSUR DISTRICT.
    2    RAMADEVAN
         S/O. RAMAGOPALAN NAIR, RAMABHADRALAYATHIL HOUSE,
         ARATTUPUZHA DESOM, ARATTUPUZHA VILLAGE, THRISSUR
         TALUK, THRISSUR DISTRICT.
    3    RAJESWARI
         W/O. VASUDEVAN NAIR, RAMABHADRALAYATHIL HOUSE,
         ARATTUPUZHA DESOM, ARATTUPUZHA VILLAGE, THRISSUR
         TALUK, THRISSUR DISTRICT.
    4    VISWANTHATHAN
         S/O.VELAYUDHAN, CHAKKOTH HOUSE, ARATTUPUZHA DESOM,
         ARATTUPUZHA VILLAGE, THRISSUR TALUK, THRISSUR
         DISTRICT.
    5    REGHUNANDANAN
         S/O. KESAVAN NAIR, KIYYATH HOUSE, ARATTUPUZHA
         DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK,
         THRISSUR DISTRICT.
    6    RENJITH
         S/O. CHANDRAN, THURPPUMADATHIL HOUSE, ARATTUPUZHA
         DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK,
         THRISSUR DISTRICT.
    7    SATHEESH
         S/O. GOVINDAN, MARASSERY HOUSE, ARATTUPUZHA DESOM,
         ARATTUPUZHA VILLAGE, THRISSUR TALUK, THRISSUR
         DISTRICT.
    8    MANIKANDAN
         S/O. CHANDRAN, PANAVALAPPIL HOUSE, ARATTUPUZHA
         DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK,
         THRISSUR DISTRICT.
    9    HARIKRISHNAN
         S/O. RADHAKRISHNAN, WARIYAM VEEDU, ARATTUPUZHA
         DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK,
         THRISSUR DISTRICT.
 W.P.(C).No.1105/2020

                             2


    10     NITHIL
           S/O.THILAKAN, VELIYATH HOUSE, ARATTUPUZHA
           DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK,
           THRISSUR DISTRICT.
    11     PAVIDAS
           S/O.RAMADAS, PALLISSERY HOUSE,ARATTUPUZHA
           DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK,
           THRISSUR DISTRICT.
           BY ADVS.
           T.A.UNNIKRISHNAN
           SRI.K.K.AKHIL

RESPONDENTS:

    1      THE THRISSUR SERVICE CO-OPERATIVE BANK
           LTD.NO.R.1097,
           REPRESENTED BY ITS GENERAL MANAGER,
           PATTURAIKKAL THIRUVAMPADI P.O., THRISSUR - 680
           022
    2      SPECIAL SALE OFFICER,
           KURIYACHIRA S.C.B. GROUP, ASSISTANT REGISTRAR
           (GENERAL) OFFICE, AYYANTHOLE, THRISSUR - 680
           003.
    3      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
           OFFICE OF THE JOINT REGISTRAR OF CO-OP
           SOCIETIES, THRISSUR PIN - 680 001
           BY ADVS.
           SRI.A.D.RAVINDRA PRASAD
           SRI.ALEX VARGHESE

OTHER PRESENT:

           SMT.SHEEJA.C.S., SR.GP


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.1105/2020

                                     3


                     P.V.KUNHIKRISHNAN, J.
                       -------------------------------
                      W.P.(C).No.1105 of 2020
               ----------------------------------------------
             Dated this the 03rd day of August, 2021


                                JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records leading to Exhibits P1 to P10 and pass orders restraining the respondents from putting the properties referred to there for sale.

ii. Grant such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. When this writ petition came up for consideration

before this Court on 15.01.2020, this Court passed the

following order:

"Admit.

The learned Government Pleader takes notice for 3 rd respondent. Issue notice by speed post to respondents 1 and 2. Post after one month for the counter affidavit.

Taking note of the submission of the learned counsel for the petitioners that the total outstanding liability W.P.(C).No.1105/2020

as on today (15.01.2020) is Rs.6,33,00,0000/- (Rupees six crores thirty three lakhs only), I direct that there will be an interim stay of sale pursuant to Exts.P1 to P10 on condition that the petitioners remit Rs.30,00,000/-(Rupees thirty lakhs only) before the 3rd respondent within a period of one month. Petitioners to correct the address of the 3 rd respondent in the cause title."

3. As directed by this Court, it is submitted that, the

petitioners paid an amount of Rs.30 lakhs. Today, when the

matter came up for consideration, the counsel for the

petitioners submitted that they will be able to clear the entire

arrears by 12 equal monthly instalments. The counsel for the

1st respondent submitted that huge amount is in arrears and

after the payment of Rs.30 lakhs as per the interim order

dated 15.01.2020, there is absolutely no payment even after

the petitioners obtained sufficient time to clear the dues.

4. It is true that the petitioners obtained sufficient

time to clear the amount even after filing this writ petition.

But, considering the pandemic situation and also considering

the request of the petitioners, I think the petitioners can be

allowed to clear the entire loan amount by 12 equal monthly

installments starting from 01.09.2021. If there is any default W.P.(C).No.1105/2020

of two consecutive instalments, the 1st respondent Bank is free

to proceed with the recovery steps in accordance to law from

the stage where it is stopped.

Therefore, this writ petition is disposed in the following

manner:

1. The petitioners will pay the entire amount due

to the 1st respondent Bank in 12 equal monthly

instalments commencing from 01.09.2021.

2. If the petitioners default two of the above

instalments continuously, the 1st respondent

Bank is free to recover the entire balance

amount in accordance to law.

3. If the direction in Clause (1) is violated, the

benefit of this judgment will go automatically.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.1105/2020

APPENDIX OF WP(C) 1105/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF NOTICE IN FORM NO.8 DATED 6/12/2019 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER (ARC 1545)

EXHIBIT P2 TRUE COPY OF NOTICE IN FORM NO.8 DATED 6/12/2019 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER (ARC 1546).

EXHIBIT P3 TRUE COPY OF THE NOTICE IN FORM NO.8 DATED 6/12/2019 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER (ARC 1547)

EXHIBIT P4 TRUE COPY OF THE NOTICE IN FORM NO.8 DATED 6/12/2019 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER (ARC 1548)

EXHIBIT P5 TRUE COPY OF NOTICE IN FORM NO.8 DATED 6/12/2019 ISSUED BY THE 2ND RESPONDENT TO THE 6TH PETITIONER (ARC 1549)

EXHIBIT P6 TRUE COPY OF THE NOTICE IN FORM NO.8 DATED 6/12/2019 ISSUED BY THE 2ND RESPONDENT TO THE 7TH PETITIONER (ARC 1550).

EXHIBIT P7 TRUE COPY OF THE NOTICE IN FORM NO.8 DATED 6/12/2019 ISSUED BY THE 2ND RESPONDENT TO THE 8TH PETITIONER (ARC 1551).

EXHIBIT P8 TRUE COPY OF THE NOTICE IN FORM NO.8 DATED 6/12/2019 ISSUED BY THE 2ND RESPONDENT TO THE 9TH PETITIONER (ARC 1552).

W.P.(C).No.1105/2020

EXHIBIT P9 TRUE COPY OF THE NOTICE IN FORM NO.8 DATED 6/12/2019 ISSUED BY THE 2ND RESPONDENT TO THE 10TH PETITIONER (ARC 1553).

EXHIBIT P10 TRUE COPY OF THE NOTICE IN FORM NO.8 DATED 6/12/2019 ISSUED BY THE 2ND RESPONDENT TO THE 11TH PETITIONER (ARC 1554).

EXHIBIT P11 TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER DATED 7/1/2020.

RESPONDENT EXHIBITS EXHIBIT R1 A TRUE COPY OF THE STATEMENT OF THE OUTSTANDING DUES OF THE PETITIONERS AS ON 18/2/2020