1.Biju Kavungal vs The Secretary
2023 Latest Caselaw 1409 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                        WP(C) NO. 1392 OF 2023
PETITIONERS:

    1     BIJU KAVUNGAL
          AGED 52 YEARS
          S/O POULOSE
          KAVUNGAL HOUSE ,KUTTIKAD , MANALAYI P.O
          CHALAKUDY ,CHALAKUDY TALUK , THRISSUR DT, PIN - 680724

    2     LIJO BIJU
          AGED 49 YEARS
          W/O BIJU
          KAVUNGAL HOUSE ,KUTTIKAD ,MANALAYI P.O
          CHALAKUDY ,CHALAKUDY TALUK , THRISSUR DT, PIN - 680724

    3     DAVIS KARIPAYI
          AGED 63 YEARS
          S/O ANTONY
          KARIPAYI HOUSE , KUTTIKAD ,OTTAKAMBAN
          CHALAKUDY ,CHALAKUDY TALUK , THRISSUR DT, PIN - 680724

    4     RIJU
          AGED 42 YEARS
          S/O POULOSE
          VENGURAN HOUSE ,KUTTIKAD ,MANALAYI
          CHALAKUDY ,CHALAKUDY TALUK , THRISSUR DT, PIN - 680724

    5     VIJU T.P,
          AGED 44 YEARS
          S/O PARAMESWARAN,
          THATTARUPARAMBIL HOUSE , VETTUKADAVU ,
          CHALAKUDY, CHALAKUDY TALUK , THRISSUR DT , PIN - 680307

    6     VIDYA VIJU
          AGED 40 YEARS
          W/O VIJU ,
          THATTARUPARAMBIL HOUSE , VETTUKADAVU ,
          CHALAKUDY CHALAKUDY TALUK , THRISSUR DT, PIN - 680307

          BY ADVS.
          M.R.REENA
          P.S.SUJETH
 WP(C) NO. 1392 OF 2023                  2



RESPONDENTS:

     1       THE SECRETARY
             CHALAKUDY TOWN CO-OPERATIVE BANK LTD. R-928,
             CHALAKUDY P.O , CHALAKUDY TALUK ,THRISSUR DT, PIN -
             680307

     2       THE SPECIAL SALE OFFICER
             CHALAKUDY S.C.B. GROUP
             ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES
             ( GENERAL ) OFFICE .
             CHALAKUDY P.O , THRISSUR DT, PIN - 690307

     3       *ADDL.R3. CHALAKUDY TOWN CO-OPERATIVE BANK LTD. R-
             928
             CHALAKUDY P.O., CHALAKUDY TALUK, THRISSUR DT, 680
             307, REPRESENTED BY ITS SECRETARY. [IS IMPLEADED AS
             ADDL.R3 AS PER ORDER DATED 17.01.2023 IN I.A.1/2023
             IN WP(C)1392/2023.]

             SRI.T.R HARIKUMAR
             SRI.ARJUN RAGHAVAN




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.01.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 1392 OF 2023                      3


                             T.R. RAVI, J.
              --------------------------------------------
                       W.P.(C).No.1392 of 2023
               --------------------------------------------
               Dated this the 20th day of January, 2023


                                JUDGMENT

The prayer in the writ petition is to permit the petitioners to pay

off the overdue amounts in the loan account availed from the 1 st

respondent in easy instalments and to regularise the loan account.

The Standing Counsel on instructions submits that the total amount

due is Rs.1.73 crores as on today and the overdue amount is

Rs.80,00,000/- in the six loan accounts.

In the above circumstances, the writ petition is disposed of

directing the petitioner to pay off the overdue amount of

Rs.80,00,000- in 30 equal monthly instalments, the first instalment

falling due on or before 20.02.2023 and the subsequent instalments

falling due on or before the 20 th of the succeeding months. The

petitioners shall also pay the regular monthly instalments along with

the instalments towards the overdue amount as stated above. If the

petitioners pay the entire overdue amount, the respondents shall

regularise the loan account. If the petitioners make two consecutive

defaults in the payment of instalments, the respondents will be at

liberty to continue with coercive steps for recovery. The coercive

steps initiated shall be kept in abeyance to facilitate the payment of

instalments as directed above.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 1392/2023

PETITIONER EXHIBITS

Exhibit P 1 A TRUE COPY OF THE DEMAND NOTICE DATED 18-10-2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER

Exhibit P 1 A A TRUE COPY OF THE SALE NOTICE DATED 5-1-2023 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER

Exhibit P 2 A TRUE COPY OF THE DEMAND NOTICE DATED 18-10-2022 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER

Exhibit P 2 A A TRUE COPY OF THE SALE NOTICE DATED 5-1-2023 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER

Exhibit P 3 A TRUE COPY OF THE DEMAND NOTICE DATED 18-10-2022 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER

Exhibit P 3 A A TRUE COPY OF THE SALE NOTICE DATED 5-1-2023 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER

Exhibit P 4 A TRUE COPY OF THE DEMAND NOTICE DATED 18-10-2022 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER

Exhibit P 4 A A TRUE COPY OF THE SALE NOTICE DATED 5-1-2023 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER

Exhibit P 5 A TRUE COPY OF THE DEMAND NOTICE DATED 10-1-2023 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER

Exhibit P 5 A A TRUE COPY OF THE SALE NOTICE DATED 10-

1-2023 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER

Exhibit P 6 A TRUE COPY OF THE DEMAND NOTICE DATED 10-1-2023 ISSUED BY THE 2ND RESPONDENT TO THE 6TH PETITIONER

Exhibit P 6 A A TRUE COPY OF THE SALE NOTICE DATED 10-1-2023 ISSUED BY THE 2ND RESPONDENT TO THE 6TH PETITIONER

Exhibit P 7 A TRUE COPY OF THE REPRESENTATION DATED 10/1/2023