Omanakuttan vs Assistant Registrar Of ...
2023 Latest Caselaw 753 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                       WP(C) NO. 28164 OF 2022
PETITIONER:

          OMANAKUTTAN
          AGED 51 YEARS
          S/O LATE CHAKRAYUDHAN,
          CHIRAYIL HOUSE, PONAKAM,
          THEKKEKKARA P.O, MAVELIKKARA,
          ALAPPUZHA DISTRICT, PIN - 690 107

          BY ADVS.
          NIRMAL V NAIR
          M.ANEESH
          MUHAMMED NASEEF BIN SALIM
          ARATHI PRABHAKARAN
RESPONDENTS:

    1     ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
          (GENERAL), MAVELIKKARA
          O/O THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
          (GENERAL), MAVELIKKARA, 2ND FLOOR,
          MINI CIVIL STATION, MAVELIKKARA P.O.,
          ALAPPUZHA DISTRICT, PIN - 690 101

    2     THE THEKKEKKARA SERVICE CO-OPERATIVE BANK LTD,
          THEKKEKKARA P.O, MAVELIKKARA,
          ALAPPUZHA DISTRICT, PIN - 690 107
          REPRESENTED BY ITS SECRETARY

    3     SPECIAL SALE OFFICER, THE THEKKEKKARA
          SERVICE CO-OPERATIVE BANK LTD
          THEKKEKKARA SERVICE CO-OPERATIVE BANK LTD,
          THEKKEKKARA P.O, MAVELIKKARA,
          ALAPPUZHA DISTRICT, PIN - 690 107

          BY ADVS.
          V.VISAL AJAYAN
          A.SREEPRIYA(K/001393/2000)

          SMT. MABLE C. KURIAN, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28164 OF 2022
                                         2



                                 T.R.RAVI, J.
                        ----------------------------------------
                          WP (C) No.28164 of 2022
                       -------------------------------------------
                 Dated this the 12th day of January, 2023

                                JUDGMENT

The petitioner has approached this Court seeking

permission to wipe off the liabilities to the respondent Bank in

instalments. The counsel for the 2 nd respondent on instruction

submits that the amount due as on today is Rs.18,38,439/- and

that the Bank is willing to grant 25 instalments for payment of

the dues.

In the above circumstances, the writ petition is disposed

of directing the petitioner to pay the amounts due to the

respondent Bank in 25 equal monthly instalments along with

accrued interest, the first instalment becoming payable on or

before 14.02.2023 and the subsequent instalments becoming

payable on or before the 14th day of the succeeding months. If

the petitioner makes two consecutive defaults in the payment WP(C) NO. 28164 OF 2022

of instalments as directed above, the 2 nd respondent will be at

liberty to continue with the proceedings for recovery. Coercive

steps for recovery shall be kept in abeyance for facilitating the

payments by instalments as directed above.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 28164 OF 2022

APPENDIX OF WP(C) 28164/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE AWARD DATED 17-7-2018 IN ARC NO. 264/2018

Exhibit P2 A TRUE COPY OF THE AWARD DATED 17-7-2018 IN ARC NO. 285/2018

Exhibit P3 A TRUE COPY OF THE AWARD DATED 17-7-2018 IN ARC NO. 287/2018

Exhibit P4 A TRUE COPY OF THE E.A DEMAND NOTICE NO.

121/19 DATED 8-1-2021 ISSUED TO THE PETITIONER

Exhibit P5 A TRUE COPY OF THE E.A DEMAND NOTICE NO.

132/19 DATED 8-1-2021 ISSUED TO THE PETITIONER

Exhibit P6 A TRUE COPY OF THE E.A DEMAND NOTICE NO.

136/19 DATED 8-1-2021 ISSUED TO THE PETITIONER

Exhibit P7 A TRUE COPY OF THE ATTACHMENT NOTICE DATED 18-3-2022 ISSUED PURSUANT TO E.P. NO. 136/19

Exhibit P8 A TRUE COPY OF THE ATTACHMENT NOTICE DATED 18-3-2022 ISSUED PURSUANT TO E.P. NO. 121/19

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE