Shaija B vs The Assistant Registrar
2023 Latest Caselaw 8479 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. 19402 OF 2023
PETITIONER:

               SHAIJA B.,
               AGED 55 YEARS,
               W/O SATHEESAN, PUNNACHUVATTIL HOUSE, VARANAM
               P.O, CHERTHALA, ALAPUZHA DISTRICT - 688 555.
               BY ADV JINU JOSEPH


RESPONDENTS:

    1          THE ASSISTANT REGISTRAR,
               OFFICE OF THE ASSISTANT REGISTRAR OF CO-
               OPERATIVE SOCIETIES (GENERAL) CHERTHALA,
               ALAPUZHA DISTRICT - 688 524.
    2          THE ARBITRATION AND EXECUTION INSPECTOR-I,
               OFFICE OF THE ASSISTANT REGISTRAR OF CO-
               OPERATIVE SOCIETIES (GENERAL) CHERTHALA,
               ALAPUZHA DISTRICT - 688 524.
    3          CHERUVARANAM SERVICE CO-OPERATIVE BANK LTD. NO.
               1817, REPRESENTED BY ITS SECRETARY,
               VARANAM P.O, THANEERMUKKOM, CHEETHALA,
               ALAPUZHA DISTRICT - 688 555.
    4          THE SECRETARY,
               CHERUVARANAM SERVICE CO-OPERATIVE BANK LTD. NO.
               1817, VARANAM P.O, THANEERMUKKOM, CHEETHALA,
               ALAPUZHA DISTRICT - 688 555.

               BY ADV M.SASINDRAN

               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. 19402 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 30.06.2023 is Rs.2,46,327/-. 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 20 instalments. WP(C) NO. 19402 OF 2023

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

bank to accept repayment of the entire outstanding amount of

Rs.2,46,327/- along with any accrued interest, costs and charges from

the petitioner on the following conditions:

(i) The outstanding amount of Rs.2,46,327/- (Rupees two lakhs forty six thousand three hundred and twenty seven only) together with any accrued interest, costs and charges shall be repaid in 20 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. 19402 OF 2023

APPENDIX OF WP(C) 19402/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT