Kerala High Court
Sali.S.S vs The Paravur Snv Regional ... on 9 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
WP(C) NO. 26168 OF 2023
PETITIONER/S:
SALI.S.S.
AGED 41 YEARS
W/O SHABU S, SUNSTAR, CHIRAKKARATHAZHAM, VTC,
CHIRAKKARA P.O KOLLAM DISTRICT, PIN - 683101
BY ADV P.K.PAMALA
RESPONDENT/S:
1 THE PARAVUR SNV REGIONAL CO-OPERATIVE BANK LTD;
NO.1685 REGIONAL OFFICE, PARAVUR, KOLLAM PRN CODE-
691301 . REPRESENTED BY ITS SECRETARY, PIN - 691301
2 JUNIOR INSPECTOR OF CO.OPERATIVE SOCIETIES
SPECIAL SALE OFFICER, ITRHE PARAVUR SNV REGIONAL
FO-OPERATIVE BANK LTD; NO.1685 PARAVUR, KOLLAM, PIN
- 691301
OTHER PRESENT:
SRI. B SURESH KUMAR (FOR RESP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.26168/2023 2
JUDGMENT
Petitioner availed a business loan from the respondent Bank. On
default being committed proceedings have been initiated under the
provisions of the Kerala Co-operative Societies Act, 1969 and an award
was obtained determining the amounts payable by the petitioner. On
proceedings being taken for execution of the award, the petitioner has
approached this Court by filing the above writ petition.
2. The learned counsel appearing for the petitioner would
submit that the petitioner may be permitted to clear the entire liability
in some instalments.
3. The learned counsel appearing for the respondent bank
submits that the total amount due from petitioner as on 09.08.2023 is
Rs.23,75,828/- and the bank has no objection in granting some limited
instalments to the petitioner.
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 fifteen (15) equal
monthly installments.
6. Accordingly, there will be a direction to the respondent Bank
to accept repayment of the entire outstanding amount of Rs.23,75,828/-
along with Bank charges from the petitioner on the following
conditions:
(i) The outstanding amount of Rs.23,75,828/- together with
any accrued interest/costs shall be repaid in fifteen (15)
equated monthly installments.
(ii) The first installment shall be paid on or before
15-09-2023 and subsequent installments shall be paid on or
before 15th day of the succeeding months.
(iii) In the event of default of any one installment, 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
acd
APPENDIX OF WP(C) 26168/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE AADHAR CARD TO PROVE
THE ADDRESS OF THE PETITIONER
Exhibit P2 THE TRUE COPY OF THE LOAN PASS BOOK
BEARING THE LOAN DETAILS, HER ACCOUNT
NUMBER OL17394 AND HER MEMBERSHIP NUMBER
58904
Exhibit P3 THE TRUE COPY OF THE DISCHARGE SUMMARY OF
HER MOTHER, ISSUED FROM THE DIRECTORATE
OF MEDICAL EDUCATION KERALA GOVERNMENT
MEDICAL COLLEGE HOSPITAL , KOLLAM DATED
5.11.2023
Exhibit P4 THE TRUE COPY OF THE DEATH CERTIFICATE OF
HER MOTHER DATED 16.03.2023
Exhibit P5 THE TRUE COPY OF THE LICENSE DATED
6.6.2023 FROM THE POOTHAKKULAM GRAMA
PANCHAYATH
Exhibit P6 THE TRUE COPY OF THE AUCTION SALE NOTICE
UNDER SECTION76 RULE 81 OF THE KERALA CO.
OPERATIVE SOCIETIES ACT 1969 DATED
24.5.2023.
Exhibit P7 THE TRUE COPY OF THE NOTICE SHOWING THE
AUCTION DATE AS 16.08.2023
