M.Haridas vs The Assistant Registrar
2023 Latest Caselaw 1460 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. 42336 OF 2022
PETITIONER:

          M.HARIDAS,
          AGED 49 YEARS
          S/O.MANIKKAN, KOROTH HOUSE, VETTUKULAMBU, THENARI.P.O,
          PALAKKAD-678622.

          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)


RESPONDENTS:

    1     THE ASSISTANT REGISTRAR,
          CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT
          REGISTRAR, PALAKKAD-678 001.

    2     THE KERALA STATE CO-OPERATIVE BANK LTD.,
          MENONPARA BRANCH, KOZHINJAMPARA.P.O, PALAKKAD-678 555,
          REP.BY ITS MANAGER .

          SRI.M.SASINDRAN, SC
          SRI.BIMAL.K.NATH, SR.GP


     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. 42336 OF 2022

                                    2

                              T.R. RAVI, J.
              --------------------------------------------
                    W.P.(C) No.42336 of 2022
                  --------------------------------------------
             Dated this the 20th day of January, 2023

                             JUDGMENT

The prayer in the writ petition is for permission to the

petitioner to pay off the amounts outstanding to the 2 nd

respondent in easy instalments.

2. The Standing Counsel on instructions submits that

the overdue amount comes to Rs.28,25,256/- and the total

amount outstanding comes to Rs.41,71,690/-.

In the above circumstances, this writ petition is disposed

of permitting the petitioner to pay the amount of

Rs.28,25,256/- in fifteen equal monthly instalments, the 1 st

instalment falling due on or before 20.02.2023 and the

subsequent instalments falling due on or before the 20 th day of

the succeeding months. The petitioner shall also pay the

regular monthly instalments along with the instalments

towards the overdue amount as stated above. If the petitioner

makes two consecutive defaults in the payment of the WP(C) NO. 42336 OF 2022

instalments as directed above, the 2nd respondent is at liberty

to continue with coercive steps for recovery. The coercive

steps initiated shall be kept in abeyance to facilitate the

petitioner to pay the amounts in instalments as directed

above.

Sd/-

T.R.RAVI JUDGE mpm

WP(C) NO. 42336 OF 2022

APPENDIX OF WP(C) 42336/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 05.08.2021 SUBMITTED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 30.09.2022 ISSUED BY THE 1ST RESPONDENT.