Vimalan vs Ayiroor Service Cooperative Bank
2023 Latest Caselaw 7605 Ker

Citation : 2023 Latest Caselaw 7605 Ker
Judgement Date : 14 July, 2023

Kerala High Court

Vimalan vs Ayiroor Service Cooperative Bank on 14 July, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
         FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                         WP(C) NO. 14071 OF 2023
PETITIONERS:

           VIMALAN,AGED 55 YEARS,S/O NARAYANAN, RESIDING AT:
           PARITHIPUZHA VEEDU, KEDAKULAM, HARIHARAPURAM, VARKALA,
           THIRUNVANANTHAPURAM, PIN - 695310

           BY ADVS.
           R.RAJESH (VARKALA)
           M.KIRANLAL
           MANU RAMACHANDRAN
           SAMEER M NAIR
           GEETHU KRISHNAN
           SAILAKSHMI MENON
           ABHISHEK JOHNSON


RESPONDENTS:

     1     AYIROOR SERVICE COOPERATIVE BANK
           SITUATED AT: AYIROOR, VARKALA, REPRESENTED BY ITS SECRETARY,
           PIN - 689611

     2     SECRETARY OFFICE AT: AYIROOR VILLAGE SERVICE COOPERATIVE
           BANK, AYIROOR VARKALA, PIN - 689611

     3     SPECIAL SALE OFFICER,OFFICE AT: AYIROOR VILLAGE SERVICE
           COOPERATIVE BANK, AYIROOR VARKALA, PIN - 689611

     4     ASSISTANT REGISTRAR (GENERAL,ASSISTANT REGISTRAR OF CO-
           OPERATIVE SOCIETIES, PUNNAMOODU, VARKALA, PIN - 695141

     5     JOINT REGISTRAR OF COOPERATIVE SOCIETIES
           OFFICE AT: JAWAHAR SAHAKARANA BHAVAN DPI JUNCTION, THYCAUD
           P.O. THIRUVANANTHAPURAM, PIN - 695014

           BY ADVS.T.C.SURESH MENON
           B.DEEPAK(K/532/2012)
           A.M.FASEENA(K/663/2009)


OTHER PRESENT:
            SMT. C.S SHEEJA SR.GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.07.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.14071/2023                       2

                               JUDGMENT

The petitioner has approached this Court challenging the

recovery proceedings initiated by the respondent bank for recovery of

amounts due from the petitioner. On default being committed by the

petitioner, proceedings were initiated 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

had approached this Court seeking the following reliefs:-

"i) To issue a writ of mandamus, or any other appropriate writ or direction or order directing the 4 th respondent to consider petitioner's Ext.P3(a) representation as per Ext.P3 direction.

ii) To issue a writ of Mandamus or any other appropriate writ or direction or order direction the respondents to not proceed in continuation of Ext.P4 Demand.

iii) To issue a writ of Mandamus or any other appropriate writ or direction or order direction the respondents to not proceed in continuation of Ext.P5 Sale Proclamation.

iv) To issue a writ of Mandamus or any other appropriate writ or direction or order setting aside the Ext.P5 sale proclamation for being illegal and arbitrary.

v) To issue a writ of mandamus or any other appropriate writ or direction or order directing paying off the entire Debt in monthly equitable instalments.

vi) Dispense with the translation of documents produced in the vernacular language;

vii) Such other Writ, Orders or Directions deem fit on facts and in the interest of justice."

2. When this matter came up for admission on 13.4.2023,

this Court passed the following interim order:-

"Admit.

Issue notice by speed post to respondents 1 to 3. Notice to respondents 4 and 5 is dispensed with.

There will be an interim order as prayed for, for a period of 3 months on condition that the petitioner remits a sum of Rs.1,00,000/- towards the loan liability within a period of one

month from today."

3. When this matter is taken up for consideration today

(14.7.2023), the learned counsel appearing for the respondent bank

submits that no amount has been remitted by the petitioner pursuant

to the interim order dated 13.4.2023.

4. Having heard the learned counsel for the petitioner and

the learned counsel appearing for the respondent bank, I am of the

opinion that the only relief that can be granted to the petitioner in

this writ petition is to permit the petitioner to clear the liability in

some instalments. The petitioner having failed to prove bonafides by

remitting the amount imposed as a condition for granting the interim

order is not entitled to any relief in this writ petition. The writ

petition fails and it is accordingly dismissed.