Rajeev Thomas vs Anickad Regional Farmers Service ...
2023 Latest Caselaw 9351 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                        WP(C) NO. 12244 OF 2023
PETITIONER/S:

            RAJEEV THOMAS
            AGED 64 YEARS
            S/O V.T.THOMAS, PULLATTU VALIYAVEETTIL,
            ANICKADU EAST PO, ANICKADU,
            KOTTAYAM, PIN - 686503
            BY ADVS.
            P.SIVARAJ
            M.MEHAR FARSANA


RESPONDENT/S:

    1       ANICKAD REGIONAL FARMERS SERVICE
            CO-OPERATIVE BANK LTD NO.3867 ANICKAD,
            KOTTAYAM-686503
            REPRESENTED BY ITS MANAGING DIRECTOR
    2       MANAGING DIRECTOR
            ANICKAD REGIONAL FARMERS SERVICE
            CO- OPERATIVE BANK LTD NO.3867 ANICKAD,
            KOTTAYAM, PIN - 686503
    3       SPECIAL SALE OFFICER
            KOOROPPADA SCB GROUP,
            OFFICE OF THE ASST. REGISTRAR OF
            CO-OPERATIVE SOCIETIES (G)
            KOTTAYAM, PIN - 686502
            BY ADV Liji J Vadakkedom


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.12244 of 2023
                                      2



                              JUDGMENT

The petitioner availed a loan from the first 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 petitioner has, therefore, approached this Court filing the

above writ petition.

2. The learned counsel for the appearing for the

petitioner would submit that the condition imposed in the

interim order dated 13.04.2023 has been complied with by the

petitioner and the only relief sought for by the petitioner is for a

permission to clear the liability in some instalments.

3. It is submitted by the learned counsel appearing

for the respondent bank that the total outstanding amount as on

21.08.2023 is Rs.25,66,180/- (Rupees Twenty Five lakh Sixty Six

Thousand One Hundred and Eighty only), after giving credit to

the amount of Rs.3 lakh remitted by the petitioner towards the

condition imposed in the interim order dated 13.04.2023. He

states that some instalments can be granted to the petitioner. WPC No.12244 of 2023

In the result, the writ petition is disposed of with the

following directions:

(i) The outstanding amount of Rs.25,66,180/-

(Rupees Twenty Five lakh Sixty Six Thousand One Hundred and

Eighty only) along with any accrued interest/costs shall be

repaid in fifteen (15) monthly instalments.

(ii) The first instalment shall be paid on or before

29.09.2023 and subsequent instalments shall be paid on or

before the 29th 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 rkj WPC No.12244 of 2023

APPENDIX OF WP(C) 12244/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF AUCTION NOTICE ISSUED ON 14.03.2023 FOR RS.6,42,791 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE NOTICE ISSUED ON 14.03.2023 FOR RS.20,23,883/- ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT