Kerala High Court
Mohammed Nizar vs Special Sale Officer on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 34754 OF 2022
PETITIONER/S:
1 MOHAMMED NIZAR,AGED 60 YEARS,S/O MOHAMMED, VADAKKAYIL
VEEDU, KARIKODE, MUTHALAKODAM KARA, THODUPUZHA, 685605.
2 MEHARUNNISA NISAR,AGED 52 YEARS, W/O MOHAMMED NIZAR,
VADAKKAYIL VEEDU, KARIKODE, MUTHALAKODAM KARA,
THODUPUZHA,685605.
BY ADVS.MANSOOR.B.H.SAKEENA BEEGUM
RESPONDENT/S:
1 SPECIAL SALE OFFICER, THODUPUZHA URBAN BANK (GROUP),
OFFICE OF THE CO-OPERATIVE ASSISTANT, REGISTRAR
GENERAL, THODUPUZHA- 685684.
2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,OFFICE OF
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
THODUPUZHA- 685684.
3 SECRETARY, THODUPUZHA TOWN SERVICE CO-OPERATIVE BANK,
(NO.233), THODUPUZHA-685584.
BY ADVS.DOMSON J.VATTAKUZHYP.S.SAIJU(S-1662)
OTHER PRESENT:
SMT. RESHMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH WP(C).34792/2022, 34903/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) Nos.34754, 34792, 34903 & 35040/2022 -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 34792 OF 2022
PETITIONER/S:
1 MOHAMMED NIZARAGED 60 YEARS,S/O.MOHAMMED, VADAKKAYIL
VEEDU, KARIKODE, MUTHALAKODAM KARA, THODUPUZHA, 685
605.
2 MEHARUNNISA NIZAR,AGED 52 YEARS, W/O.MOHAMMED NIZAR,
VADAKKAYIL VEEDU, KARIKODE, MUTHALAKODAM KARA,
THODUPUZHA, 685 605
BY ADV MANSOOR.B.H.
RESPONDENT/S:
1 SPECIAL SALE OFFICER,THODUPUZHA URBAN BANK (GROUP),
OFFICE OF THE COOPERATIVE ASSISTANT REGISTRAR GENERAL,
THODUPUZHA, 685 684.
2 ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIESOFFICE OF
THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES,
THODUPUZHA, 685 684.
3 SECRETARYTHODUPUZHA TOWN SERVICE COOPERATIVE BANK,
(NO.233), THODUPUZHA, 685 584.
BY ADV DOMSON J.VATTAKUZHY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH WP(C).34754/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) Nos.34754, 34792, 34903 & 35040/2022 -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 34903 OF 2022
PETITIONER/S:
1 MOHAMMED NIZAR, AGED 60 YEARS,S/O MOHAMMED, VADAKKAYIL
VEEDU, KARIKODE, MUTHALAKODAM KARA, THODUPUZHA,685605.
2 MEHARUNNISA NISAR,AGED 52 YEARS W/O MOHAMMED NIZAR,
VADAKKAYIL VEEDU, KARIKODE, MUTHALAKODAM KARA,
THODUPUZHA,685605.
BY ADVS.MANSOOR.B.H.SAKEENA BEEGUM
RESPONDENT/S:
1 SPECIAL SALE OFFICER, THODUPUZHA URBAN BANK
(GROUP),OFFICE OF THE COOPERATIVE ASSISTANT REGISTRAR
GENERAL,THODUPUZHA. 685684
2 ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, OFFICE OF
THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES,
THODUPUZHA 685684.
3 SECRETARY,THODUPUZHA TOWN SERVICE COOPERATIVE BANK,
(NO:233) THODUPUZHA 685584.
BY ADVS.DOMSON J.VATTAKUZHYP.S.SAIJU(S-1662)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH WP(C).34754/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) Nos.34754, 34792, 34903 & 35040/2022 -4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 35040 OF 2022
PETITIONER/S:
1 MOHAMMED NIZAR, AGED 60 YEARS, S/O MOHAMMED, VADAKKAYIL
VEEDU, KARIKODE,, MUTHALAKODAM KARA, THODUPUZHA,685605.
2 MEHARUNNISA NISAR, AGED 52 YEARS, W/O MOHAMMED NIZAR,
VADAKKAYIL VEEDU, KARIKODE,,MUTHALAKODAM KARA,
THODUPUZHA-685605.
BY ADVS.MANSOOR.B.H.SAKEENA BEEGUM
RESPONDENT/S:
1 SPECIAL SALE OFFICER,THODUPUZHA URBAN BANK (GROUP),
OFFICE OF THE COOPERATIVE ASSISTANT. REGISTRAR GENERAL,
THODUPUZHA. 685684.
2 ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES,OFFICE OF
THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES,
THODUPUZHA -685684.
3 SECRETARY, THODUPUZHA TOWN SERVICE COOPERATIVE BANK,
(N0:233) ,THODUPUZHA -685584.
BY ADVS.DOMSON J.VATTAKUZHYP.S.SAIJU(S-1662)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, ALONG WITH WP(C).34754/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) Nos.34754, 34792, 34903 & 35040/2022 -5-
JUDGMENT
The petitioners in these writ petitions are common. They availed 4 separate
loans from the respondent bank. On default being committed, proceedings were
initiated against the petitioners under the provisions of the Kerala Co-operative
Societies Act, 1969 and separate awards were obtained determining the amounts
payable by the petitioners. On the awards being put to execution, the petitioners
have approached this court by filing the above writ petitions. The only prayer made
by the petitioners is for a permission to clear off the liability in terms of the awards
in installments.
2. The learned counsel appearing for the respondent bank submits that
the total amount outstanding in respect of all the 4 loans put together as on 23-08-
2023 is Rs.1,41,55,561/- It is submitted the bank has no objection in some limited
installments being granted to the petitioners to clear the liability. The learned
counsel submits that maximum 15 installments can be granted to the petitioners.
3. Accordingly, there will be a direction to the respondent bank to accept
repayment of the entire amount of Rs.1,41,55,561/- along with bank charges from
the petitioners on the following conditions:
(i) The outstanding amount of Rs.1,41,55,561/- together with any
accrued interest/costs shall be repaid in twenty (20) equated monthly
instalments.
(ii) The first instalment shall be paid on or before 15-09-2023 and
subsequent instalments shall be paid on or before 15 th day of every
succeeding month.
W.P (C) Nos.34754, 34792, 34903 & 35040/2022 -6-
(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 petitioners 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
AMG
W.P (C) Nos.34754, 34792, 34903 & 35040/2022 -7-
APPENDIX OF WP(C) 34792/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF DEMAND NOTICE 20/10/2022 BEARING
E.P.47/22 IN AWARD NO.731/19 ISSUED BY THE FIRST
RESPONDENT.
W.P (C) Nos.34754, 34792, 34903 & 35040/2022 -8-
APPENDIX OF WP(C) 34903/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF DEMAND NOTICE 20/10/2022 BEARING E.P
36/22 IN AWARD NO:697/19 ISSUED BY THE FIRST
RESPONDENT.
W.P (C) Nos.34754, 34792, 34903 & 35040/2022 -9-
APPENDIX OF WP(C) 35040/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF DEMAND NOTICE 20/10/2022 BEARING E.P
33/22 IN AWARD NO:729/19 ISSUED BY THE FIRST
RESPONDENT.
W.P (C) Nos.34754, 34792, 34903 & 35040/2022 -10-
APPENDIX OF WP(C) 34754/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF DEMAND NOTICE 20.10.2022 BEARING
E.P.49/22 IN AWARD NO.699/19 ISSUED BY THE FIRST
RESPONDENT.
