Sajeev Thomas vs Anickad Regional Farmers Service ...
2023 Latest Caselaw 9357 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. 12040 OF 2023
PETITIONER/S:

            SAJEEV THOMAS
            AGED 62 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, PIN - 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 - 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.12040 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 appearing for the petitioner

would submit that the only relief sought for by the petitioner is

for a permission to clear the liability in some instalments.

3. The learned counsel appearing for the

respondent bank would submit that despite passing of more than

three months, the petitioner has not complied with the interim

order and has not paid any amount towards the loan liability.

He, however, submits that, if the petitioner is willing to pay off

the liability in twelve(12) monthly instalments, the bank has no

objection in granting such instalments to the petitioner. He

submits that the total outstanding amount as on 21.08.2023 is WPC No.12040 of 2023

Rs.73,93,441/- (Rupees Seventy Three lakh Ninety Three

Thousand Four Hundred and Forty One only).

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

following directions, though the petitioner has failed to prove the

bonafides;

(i) The outstanding amount of Rs.73,93,441/-

(Rupees Seventy Three lakh Ninety Three Thousand Four

Hundred and Forty One only) along with any accrued

interest/costs shall be repaid in twelve (12) 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.12040 of 2023

APPENDIX OF WP(C) 12040/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AUCTION NOTICE ISSUED ON 14.03.2023 TO THE PETITIONER BY THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED ON 14.03.2023 ISSUED TO THE PETITIONER AND HIS SON BY THE 3RD RESPONDENT Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED ON 14.03.2023 ISSUED TO THE PETITIONER AND HIS SON BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 13.04.2023 IN WPC NO. 12040 OF 2023