R.Johnson vs Poothakkulam Service ...
2022 Latest Caselaw 2708 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                 WP(C) NO. 17062 OF 2018
PETITIONER:

      R.JOHNSON
      AGED 58 YEARS
      MOONNAMVADAKKATHIL VEEDU, NORTH MAYLAKKAD,THAZHUTHALA
      VILLAGE, KOLLAM.

      BY ADV SRI.T.R.RAJAN



RESPONDENTS:

1     POOTHAKKULAM SERVICE CO-OPERATIVE BANK LTD.
      NO.2944 POOTHAKKULAM, KOLLAM, PIN-691 302,REPRESENTED
      BY ITS SECRETARY.

2     THE ASSISTANT REGISTRAR
      CO-OPERATIVE SOCIETIES (GENERAL),KOLLAM, PIN-691 013.

3     ARBITRATOR CUM SPECIAL SALE OFFICER
      POOTHAKKULAM SERVICE CO-OPERATIVE BANK LTD.,NO.2944,
      POOTHAKKULAM, KOLLAM, PIN-691 302.

4     THE JUNIOR INSPECTOR OF CO-OPERATIVE SOCIETIES
      KOLLAM, PIN-691 013.

      BY ADVS.
      SRI.T.R.HARIKUMAR
      SRI.ARJUN RAGHAVAN



OTHER PRESENT:

      SMT.RESMI THOMAS G.P.




THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17062 OF 2018

                              2



                          JUDGMENT

Even though there are several averments, assertions

and contentions made and urged in this writ petition filed

challenging Ext.P1 Award, Ext.P4 judgment and Ext.P5

order, when this matter was called today, Smt.Liji Antony

- learned counsel appearing for the petitioner, submitted

that her client is willing to pay off the amounts under the

impugned order and judgments in sixteen monthly

instalments, if the respondent - Bank is ready to accede

to this.

2. In response, Sri.Arjun Raghavan - learned

counsel appearing for respondent No.1, submitted that

the total outstanding in the loan account of the petitioner

is Rs.12,24,000/- (Rupees Twelve Lakh Twenty Four

Thousand only) as on 11/02/2022, and that if the

petitioner is willing to pay it off in sixteen monthly WP(C) NO. 17062 OF 2018

instalments, he will not stand in the way, provided the

challenge against the impugned order and judgments is

given up.

3. In reply, Smt. Liji Antony acceded to the afore;

and prayed that this writ petition be ordered on such

terms.

Resultantly, recording the submissions of the

petitioner that the challenge to Ext. P1 Award is given up,

I order this writ petition and reserve liberty to him to pay

off the afore amount, along with all applicable charges

and interest, in sixteen equal monthly instalments,

commencing from 15th April, 2022.

Needless to say, if the afore payments are made

without default, all action to recover the amounts under

the impugned order and judgments shall stand deferred;

however, clarifying that if any two of the instalments are WP(C) NO. 17062 OF 2018

defaulted, then the Bank will be at liberty to take

necessary action under the Kerala Co-operative Societies

Act and Rules, without any further orders from this Court

and from the stage at which it is available today.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 17062 OF 2018

APPENDIX OF WP(C) 17062/2018

PETITIONER EXHIBITS

EXHIBIT P1 : TRUE COPY OF THE AWARD NO.2899/2013 DATED 30-7-2013 WAS PASSED BY THE FOURTH RESPONDENT.

EXHIBIT P2 : TRUE COPY OF THE APPEAL MEMORANDUM IN APPEAL NO.87/2017 ON THE FILES OF THE HONOURABLE KERALA CO-

                          OPERATIVE                TRIBUNAL,
                          THIRUVANANTHAPURAM.

EXHIBIT P3 :              TRUE COPY OF THE DELAY CONDONATION

PETITION FILED BY THE PETITIONER ALONG WITH EXHIBIT P2.

EXHIBIT P4 : TRUE COPY OF THE JUDGMENT DATED 23-1-2018 OF THE HONOURABLE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM IN APPEAL NO. 87/2017

EXHIBIT P5 : TRUE COPY OF THE REVIEW PETITION NO.1/2018 IN APPEAL NO. 87/2017 ON THE FILES OF THE HONOURABLE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM

EXHIBIT P6 : TRUE COPY OF THE ORDER DATED 31-3-

2018 OF THE HONOURABLE KERALA CO-

                          OPERATIVE                 TRIBUNAL,
                          THIRUVANANTHAPURAM    IN     REVIEW
                          PETITION    NO.1/2018  IN    APPEAL
                          NO.87/2017.