Muraleedharan Nair vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 9317 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.1563 OF 2021(U)


PETITIONER:

               MURALEEDHARAN NAIR
               AGED 50 YEARS
               (MEMBERSHIP NO. B-5999),
               KOTTEPALLY HOUSE,
               OMALLUR VILLAGE,
               ATTARIKAM MURI,
               KOZHANCHERI TALUK,
               PATHANAMTHITTA DISTRICT.

               BY ADV. SMT.T.V.NEEMA

RESPONDENTS:

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

      2        THE ARBITRATION EXECUTION INSPECTOR,
               ASSISTANT REGISTRAR (GENERAL) OFFICE,
               KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689 641

      3        THE SECRETARY,
               MAILAPARA SERVICE CO-OPERATIVE BANK,
               KOZHANCHERI TALUK,
               PATHANAMTHITTA DISTRICT-689 645

               R3 BY ADV. SRI.LIJI.J.VADAKEDOM

OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).1563/2021
                                      2




                                JUDGMENT

When the matter was taken up, learned counsel for the petitioner

submitted that, inspite of earnest efforts, his client could not raise two

lakhs rupees as ordered by this Court. However, he is ready with a sum

of Rs.One lakh, which he proposes to remit immediately. Learned

counsel for the bank vehemently opposed the proposal and directed

that, huge amounts are due. However, in the light of the submission

made by the learned counsel for the petitioner that, if installment is

granted, petitioner will be able to discharge the entire liability, I am

inclined to grant relief.

2. Having considered the above submission and also the

pandemic situation that is prevailing, I am inclined to dispose of the

Writ Petition directing the petitioner to remit Rs.One lakh in the loan

account within a period of 7 days from today. Thereafter, the entire

amount due shall be paid in 15 equal monthly installments commencing

from 03.05.2021 onwards. Every installment shall be paid on or before

3rd of the relevant month, till the entire debt is paid off. In case of

default of two installments, whether consecutive or otherwise, this

benefit will be lost and respondents/bank will be entitled to recover the

entire due amount in lump by due process of law. This will not stand in

the way of petitioner either paying off the entire amount in the W.P(C).1563/2021

meanwhile or depositing higher amount than the installment as above.

If lumpsum amount is paid, bank shall favourably consider giving

maximum concession possible, in the repayment of money.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                               JUDGE
 W.P(C).1563/2021





                         APPENDIX


PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE RELEVANT PAGES OF MEDICAL
                     RECORDS OF MUTHOOT HEALTH CARE PRIVATE
                     LIMITED.

EXHIBIT P2           TRUE COPY OF AWARD DATED 23.2.2018 IN FILE
                     NO. 635/2017 OF THE 2ND RESPONDENT.

EXHIBIT P3           TRUE COPY OF DEMAND NOTICE IN EA 526/18