Sundaran vs The Assistant Registrar Of ...
2023 Latest Caselaw 8477 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                        WP(C) NO. 2102 OF 2023
PETITIONER:

            SUNDARAN,
            AGED 45 YEARS
            S/O CHAMI,RESIDING AT KOLASSERY THODI, KADAMBUR P.O.,
            PUNJAPADAM, OTTAPALAM, PALAKKAD - 679 515.
            BY ADVS.
            T.C.SURESH MENON
            B.DEEPAK


RESPONDENTS:

    1       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
            OTTAPALAM, PALAKKAD - 679 101.
    2       KATAMPAZHIPURAM SERVICE CO-OPERATIVE BANK LIMITED,
            NO.F.1215, P.O. KATAMPAZHIPURAM,
            PALAKKAD DISTRICT - 678 633.
    3       THE SPECIAL SALE OFFICER,
            KATAMPAZHIPURAM SERVICE CO-OPERATIVE BANK LIMITED,
            OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
            SOCIETIES (GENERAL), OTTAPALAM, PALAKKAD - 679 101.

            BY ADV AMBILI P.MADHAVAN



            SMT. RESHMI THOMAS (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2102 OF 2023
                                   2

                                 JUDGMENT

The petitioner availed a loan from the respondent bank. On

default being committed, proceedings have been initiated against

the petitioner under the provisions of the Kerala Co-operative

Societies Act, 1969 and an award was obtained determining the

amounts payable by the petitioner. The award is at the stage of

execution and the property of the petitioner was brought to sale,

prompting the petitioner to approach this court by filing the above

writ petition.

2. The learned counsel for the petitioner would submit that

the petitioner may be permitted to clear the liability in

installments.

3. The learned counsel for the respondent bank submits

that outstanding amount as on today is Rs.3,42,066/-. It was

submitted that the term of the loan has already over and therefore

the entire amount will have to be cleared by the petitioner. It is

submitted that the bank has no objection in granting some

reasonable installments to the petitioner to clear the liability.

4. Having regard to the circumstances of the case and the

situation now prevailing, apart from the submissions made as

recorded above, I am of the view that the petitioner can be

granted an opportunity to repay the outstanding amount in 12 WP(C) NO. 2102 OF 2023

instalments.

5. Accordingly, there will be a direction to the respondent

bank to accept repayment of the entire outstanding amount of

Rs.3,42,066/- along with any accrued interest, costs and charges

from the petitioner on the following conditions:

(i) The outstanding amount of Rs.3,42,066/- (Rupees three lakhs forty two thousand and sixty six only) together with any accrued interest, costs and charges shall be repaid in 12 equated monthly instalments.

(ii) The first instalment shall be paid on or before 25.08.2023 and subsequent instalments shall be paid on or before the 25th day of 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 DK WP(C) NO. 2102 OF 2023

APPENDIX OF WP(C) 2102/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE SALE NOTICE ISSUED BY THE 1ST RESPONDENT, DATED 5.12.2022.