Kerala High Court
Balakrishnan.K.A vs The Joint Registrar (General) on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
WP(C) NO. 13137 OF 2023
PETITIONER/S:
BALAKRISHNAN.K.A
AGED 57 YEARS
S/O AYYAPPAN, KOKKARNIPURAKKAL HOUSE, VELUR.P.O,
THRISSUR DISTRICT., PIN - 680601
BY ADVS.
C.D.DILEEP
SHYLAJA VARGHESE
M.L.REMYA
DHEERAJ PRADEEP C.
RESPONDENT/S:
1 THE JOINT REGISTRAR (GENERAL)
CO-OPERATIVE SOCIETIES, CIVIL STATION, AYYANTHOLE,
THRISSUR DISTRICT,, PIN - 680003
2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT, PIN -
680003
3 WADAKKANCHERY BLOCK MULTI PURPOSE
CO-OPERATIVE SOCIETY LTD.NO R 1125
WADAKKANCHERY P. O.,
THRISSUR DISTRICT, PIN - 680582
REPRESENTED BY ITS SECRETARY
SRI. P C SASIDHARAN, STANDING COUNSEL
SMT. C S SHEEJA (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.13137 of 2023
2
JUDGMENT
The petitioner has approached this Court essentially
seeking a consideration of Ext.P2. The request in Ext.P2 is to
permit the petitioner to remit the sum payable by the petitioner in
terms of the One Time Settlement scheme (നവകേരളീയം കുടിശിക
നിവാരണ പദ്ധതി, 2023) in some instalments.
2. The learned counsel appearing for the respondent
bank submits that this Court cannot in exercise of the jurisdiction
under Article 226 of the Constitution of India to extend or modify
the terms of a One Time Settlement scheme. It is submitted that
the petitioner has to either pay the amount due under the One
Time Settlement scheme before the due date as informed to the
petitioner or waive the benefit of the One Time Settlement
scheme.
3. Faced with the situation, the learned counsel for
the petitioner submits that the petitioner may be permitted to pay
the outstanding amount without the benefit of the One Time
Settlement scheme in some instalments.
4. The learned counsel appearing for the respondent
bank would submit that the present outstanding amount is
Rs.3,71,399 (Rupees Three lakh Seventy One Thousand Three
WPC No.13137 of 2023
Hundred and Ninety Nine only) as on 12.04.2023 and some limited
instalments can be permitted to the petitioner.
In the result, the writ petition is disposed of with the
following conditions:
(i) The outstanding amount of Rs.3,71,399 (Rupees
Three lakh Seventy One Thousand Three Hundred and Ninety Nine
only) along with any accrued interest/costs shall be paid in twelve
(12) monthly instalments.
(ii) The first instalment shall be paid on or before
28.04.2023 and subsequent instalments shall be paid on or before
the 28th day of the every succeeding months.
(iii) In the event of default of any one instalment, the
respondent bank shall be entitled to proceed in accordance with
law.
(iv) In order to enable the petitioner to repay the entire
amounts, all coercive proceedings shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
GOPINATH P., JUDGE
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WPC No.13137 of 2023
APPENDIX OF WP(C) 13137/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE NOTICE ISSUED BY THE
3RD RESPONDENT IN OL-157 DATED
27/02/2023.
Exhibit-P2 A TRUE COPY OF THE DEMAND NOTICE ISSUED
BY THE 3RD RESPONDENT IN OL-158 DATED
27/02/2023.
Exhibit-P3 A TRUE COPY OF THE ONE TIME SETTLEMENT
CIRCULAR NO.3/2023 DATED 31.01.2023,
ISSUED BY THE 2ND RESPONDENT REGISTRAR OF
CO-OPERATIVE SOCIETIES.
Exhibit-P3(a) A TRUE COPY OF THE OTS EXTENSION ORDER
18/2023 DATED 30.03.2023.
Exhibit-P4 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT SOCIETY DATED 25/03/2023
