Mini Manuel vs Assistant Registrar/Special ...
2021 Latest Caselaw 16253 Ker

W.P(C).8044/2021
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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                            WP(C) NO. 8044 OF 2021
PETITIONER/S:

      1      MINI MANUEL, AGED 54 YEARS
             W/O.LATE MANUEL,PICHAPPILLIL HOUSE,KADAVOOR.P.O,
             ERNAKULAM-686671.

      2      ALITTA LIYA MANUEL, AGED 22 YEARS
             D/O.LATE O.MANUEL,PICHAPILLIL HOUSE,
             KADAVOOR.P.O, ERNAKULAM-686671.

             BY ADV SHERLY MOL THOMAS



RESPONDENT/S:

      1      ASSISTANT REGISTRAR/SPECIAL SALE OFFICER
             ERNAKULAM DISTRICT CO-OPERATIVE
             P.B.NO.4,P.O.KAKKANAD,KOCHI-682030.

      2      BRANCH MANAGER,
             ERNAKULAM DISTRICT CO-OPERATIVE BANK ,
             P.B.NO.4,P.O.KAKKANAD, KOCHI-682030.

             BY ADV SRI.N.RAGHURAJ




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).8044/2021
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                                 JUDGMENT

First petitioner was running a crusher unit on the strength of a loan

taken by her from the respondents by mortgaging her house. It remained

defaulted and huge amount is stated to be due. First petitioner, claiming

that she is in financial difficulties and that, she is unable to repay the

amount, has rushed to this Court seeking an interdiction of coercive steps.

This Court had granted an interim order against coercive steps subject to

the condition that, she shall deposit a sum of Rs.5 lakhs on or before

28.05.2021. Though few extensions were granted, first petitioner could

deposit only a sum of Rs.50,000/- as submitted by the counsel on

21.06.2021. The interim order was not fully complied with. Learned

counsel for the respondent submitted that, as on 28.03.2021, the overdue

amount is Rs.20,76,335/-. The learned counsel for the respondent

vehemently opposed granting of any relief, including installments on the

ground that substantial amount is due and that, she has not complied with

the interim order.

2. Considering the special difficulties and financial difficulties

projected by the petitioner, I am inclined to permit the petitioner to pay

off the above overdue amount with subsequent interest till date in 18

equal monthly installments. First petitioner shall pay and continue to pay

the regular monthly installments also in addition to that. Payment shall

commence from 01.09.2021. If the petitioner commits default of any W.P(C).8044/2021

single monthly installment, this benefit will be lost and the respondents

will be entitled to continue the proceedings pursuant to Ext.P2 and to

recover the entire amount till that date, by due process of law.

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).8044/2021

APPENDIX OF WP(C) 8044/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF LETTER ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY ADDRESSED TO THE 1ST ADDRESSED TO THE 1ST RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE DATED 27.01.2021 ISSUED BY 2ND RESPONDENT TO 2ND PETITIONER.

EXHIBIT P3             A   TRUE   COPY   OF   LAWYER   NOTICE   DATED
                       03.02.2021    ISSUED   ON   BEHALF    OF   2ND
                       RESPONDENT.