Gopika Krishna vs The Assistant Registrar
2023 Latest Caselaw 8482 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. 19415 OF 2023
PETITIONER:

            GOPIKA KRISHNA,
            AGED 26 YEARS,
            D/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. C S SHEEJA (SR 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. 19415 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 WP(C) NO. 19415 OF 2023

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

granted an opportunity to repay the outstanding amount in 20

instalments.

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. 19415 OF 2023

APPENDIX OF WP(C) 19415/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE 2ND RESPONDENT