Susmithama vs Assistant Registrar Of ...
2023 Latest Caselaw 2138 Ker

W.P.(C)No.32092/2022 & conn.cases             1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 9TH DAY OF FEBRUARY 2023 / 20TH MAGHA, 1944
                        WP(C) NO. 32092 OF 2022
PETITIONERS:

     1      SUSMITHAMA,AGED 78 YEARS
            W/O.LATE BABURAJAN, BINU BHAVANAM, MELOOD P.O.,
            PERINGANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA
            DISTRICT, PIN- 691 523.

     2      NIBURAJ B.R.,AGED 44 YEARS
            S/O.LATE BABURAJAN, BINU BHAVANAM, MELOOD P.O.,
            PERINGANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA
            DISTRICT, PIN - 691 523.

            BY ADVS.
            AJITH MURALI
            MOHANAN M.K.


RESPONDENTS:

     1      ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES
            OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), ADOOR,
            PATHANAMTHITTA DISTRICT, PIN - 691 523.

     2      THE SECRETARY,PAZHAKULAM SERVICE CO-OPERATIVE BANK
            LTD.NO.P.T.64, PAZHAKULAM, MELOODU P.O., ADOOR,
            PATHANAMTHITTA DISTRICT, PIN - 691 523.

     3      PAZHAKULAM SERVICE CO-OPERATIVE BANK
            LTD.NO.P.T.64.,PAZHAKULAM, MELOODU P.O., ADOOR,
            PATHANAMTHITTA DISTRICT, PIN - 691 523 REPRESENTED BY
            THE SECRETARY.

            SRI.K. SHAJ (R2& R3)

            SMT. RESHMI THOMAS G0VERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2023,  ALONG  WITH  WP(C).31922/2022, 32133/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.32092/2022 & conn.cases             2


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 9TH DAY OF FEBRUARY 2023 / 20TH MAGHA, 1944
                        WP(C) NO. 31922 OF 2022
PETITIONERS:

     1      SUSMITHAMA
            AGED 78 YEARS
            W/O. LATE BABURAIAN, BINU BHAVANAM, MELOOD P.O.
            PERINGANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA
            DISTRICT, PIN-691 523.

     2      NIBURAJ B.R
            AGED 44 YEARS
            S/O. LATE BABURAJAN BINU BHAVANAM, MELOOD P.O.
            PERINGANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA
            DISTRICT, PIN-691 523. VS.

            BY ADVS.AJITH MURALI
            MOHANAN M.K.


RESPONDENTS:

     1      ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), ADOOR,
            PATHANAMTHITTA DISTRICT, PIN: 691523.

     2      THE SECRETARY PAZHAKULAM SERVICE CO-OPERATIVE BANK
            LD. NO.RT64 PAZHAKULAM, MELOODU P.O, ADOOR
            PATHANAMTHITTA DISTRICT, PIN:691523

     3      PAZHAKULAM SERVICE CO-OPERATIVE BANK LTD.
            NO.PT 64 PAZHAKULAM, MELOODU P.O., ADOOR
            PATHANAMTHITTA DISTRICT, PIN: 691523 REPRESENTED BY
            THE SECRETARY

            SRI.K. SHAJ (R2 & R3)

            SMT. RESHMI THOMAS G0VERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2023, ALONG WITH WP(C).32092/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.32092/2022 & conn.cases             3


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
      THURSDAY, THE 9TH DAY OF FEBRUARY 2023 / 20TH MAGHA, 1944
                         WP(C) NO. 32133 OF 2022
PETITIONERS:

       1      SUSMITHAMA,AGED 78 YEARS
              W/O.LATE BABURAJAN, BINU BHAVANAM, MELOOD P.O.,
              PERINGANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA
              DISTRICT, PIN - 691 523.

       2      NIBURAJ B.R.,AGED 44 YEARS,S/O.LATE BABURAJAN, BINU
              BHAVANAM, MELOOR DP.O., PERINGANAD VILLAGE, ADOOR
              TALUK, PATHANAMTHITTA DISTRICT, PIN - 691 523.

              BY ADVS.AJITH MURALI
              MOHANAN M.K.


RESPONDENTS:

       1      ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
              OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), ADOOR,
              PATHANAMTHITTA DISTRICT, PIN - 691 523.

       2      THE SECRETARY
              PAZHAKULAM SERVICE CO-OPERATIVE BANK LTD.NO.P.T.64,
              PAZHAKULAM, MELOODU P.O., ADOOR, PATHANAMTHITTA
              DISTRICT, PIN - 691 523.

       3      PAZHAKULAM SERVICE CO-OPERATIVE BANK
              LTD.NO.P.T.64.,PAZHAKULAM, MELOODU P.O., ADOOR,
              PATHANAMTHITTA DISTRICT, PIN - 691 523, REPRESENTED
              BY THE SECRETARY.

              SRI.K. SHAJ - SC FOR R2 & R3.

              SRI. RESHMI THOMAS - GOVERNMENT PLEADER.


HIS    WRIT   PETITION   (CIVIL)    HAVING    COME   UP   FOR   ADMISSION   ON
09.02.2023, ALONG WITH WP(C).32092/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.32092/2022 & conn.cases             4


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 9TH DAY OF FEBRUARY 2023 / 20TH MAGHA, 1944
                        WP(C) NO. 32472 OF 2022
PETITIONERS:

     1      SUSMITHAMA,AGED 78 YEARS
            W/O.LATE BABURAJAN, BINU BHAVANAM, MELOOD P.O.,
            PERINGANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA
            DISTRICT, PIN - 691 523.

     2      NIBURAJ B.R.,AGED 44 YEARS
            S/O.LATE BABURAJAN, BINU BHAVANAM, MELOOR P.O.,
            PERINGANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA
            DISTRICT, PIN - 691 523.

            BY ADVS.AJITH MURALI
            MOHANAN M.K.


RESPONDENTS:

     1      ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), ADOOR,
            PATHANAMTHITTA DISTRICT, PIN - 691 523.

     2      THE SECRETARY,PAZHAKULAM SERVICE CO-OPERATIVE BANK
            LTD.NO.P.T.64, PAZHAKULAM, MELOOR P.O, ADOOR,
            PATHANAMTHITTA DISTRICT, PIN - 691 523.

     3      PAZHAKULAM SERVICE CO-OPERATIVE BANK
            LTD.NO.P.T.64.,PAZHAKULAM, MELOODU P.O., ADOOR,
            PATHANAMTHITTA DISTRICT, PIN - 691 523. REPRESENTED
            BY THE SECRETARY.

            SRI.K. SHAJ - SC FOR R2 & R3.

            SRI. RESHMI THOMAS - GOVERNMENT PLEADER.


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2023, ALONG WITH WP(C).32092/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.32092/2022 & conn.cases        5

                      JUDGMENT

[WP(C) Nos.32092/2022, 31922/2022, 32133/2022, 32472/2022]

The petitioners in these cases availed different loans from the

3rd respondent Bank. On default being committed, proceedings

were initiated against the petitioners under the provisions of

Co-operative Societies Act, 1969 and four separate awards have

been passed against the petitioners.

2. The learned counsel for the petitioners would submit

that the petitioners are only seeking some instalments to clear the

liability.

3. The learned counsel appearing for the 3 rd respondent

bank would submit that the interim orders dated 14.12.2022 &

15.12.2022 whereby this Court had directed the petitioners to pay a

sum of Rs.5 lakhs within six weeks have not been complied with.

He submits that, notwithstanding the above, the 3 rd respondent

Bank has no objection in permitting the petitioners to clear the

liability in five monthly instalments.

4. The learned counsel appearing for the petitioners would

submit that the petitioners may be permitted to clear the liability in

at least 22 (twenty two) instalments, considering the fact that the

amount payable, after giving credit to the amounts paid by the

petitioners, is Rs.24,60,013/- as on 15.12.2022.

5. I have heard the learned counsel for the petitioners as

well as the learned Standing Counsel for respondents 2 and 3.

6. 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 petitioners can be granted

an opportunity to repay the outstanding amount in respect of all the

loans in ten (22) equal monthly instalments.

7. Accordingly, there will be a direction to the respondent

bank to accept repayment of the entire outstanding amount of

Rs.24,60,013/- in respect of all the loans, along with bank charges

from the petitioners on the following conditions:

(i) The outstanding amount of Rs.24,60,013/- in respect of all the loans together with any accrued interest/costs shall be repaid in twenty two (22) equated monthly instalments.

(ii) The first instalment shall be paid on or before 28-02-2023 and subsequent instalments shall be paid on or before 28 th day of every succeeding month.

W.P.(C)No.32092/2022 & conn.cases 7

(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 acd W.P.(C)No.32092/2022 & conn.cases 8

APPENDIX OF WP(C) 31922/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE AWARD IN A.R.C. NO.

173/2022 DATED 25.03.2022 ISSUED BY THE IST RESPONDENT.

 W.P.(C)No.32092/2022 & conn.cases    9

                   APPENDIX OF WP(C) 32133/2022


PETITIONER EXHIBITS

Exhibit P1              A TRUE COPY OF THE AWARD IN

A.R.C.NO.175/2022 DATED 25/03/2022 ISSUED BY THE 1ST RESPONDENT.

 W.P.(C)No.32092/2022 & conn.cases    10

                   APPENDIX OF WP(C) 32472/2022


PETITIONER EXHIBITS

Exhibit P1              A TRUE COPY OF THE AWARD IN

A.R.C.NO.174/2022 DATED 25/03/2022 ISSUED BY THE 1ST RESPONDENT.

 W.P.(C)No.32092/2022 & conn.cases    11

                   APPENDIX OF WP(C) 32092/2022


PETITIONER EXHIBITS

Exhibit P1              A TRUE COPY OF THE AWARD IN

A.R.C.NO.174/2022 DATED 25/03/2022 ISSUED BY THE 1ST RESPONDENT.