Faseela vs Sale Officer
2023 Latest Caselaw 7609 Ker

              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. 14543 OF 2023
PETITIONER:

          FASEELA
          AGED 36 YEARS
          D/O ABDU RAHIMAN, RESIDING AT CHEMBA HOUSE,
          THRIKKULAM.P.O ,TIRURANGADI, MALAPPURAM, PIN -
          676309

          BY ADVS.
          K.R.AVINASH (KUNNATH)
          ABDUL RAOOF PALLIPATH
          PRAJIT RATNAKARAN
          E.MOHAMMED SHAFI



RESPONDENTS:

    1     SALE OFFICER
          NANNAMBRA SERVICE CO-OPERATIVE BANK LTD (NO: M -393)
          OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF CO-
          OPERATIVE SOCIETIES, THIRURANGADI.P.O, MALAPPURAM
          DIST, PIN - 676309

    2     2. NANNAMBRA SERVICE CO- OPERATIVE BANK LIMITED
          (NO: M -393) REPRESENTED BY ITS SECRETARY.
          KODINJI.P.O , MALAPPURAM, PIN - 676309

    3     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, CO-OPERATIVE
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

          BY ADV M.SASINDRAN


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.14543/2023                     2



                                  JUDGMENT

The petitioner availed credit facilities from the respondent bank. On

default being committed, proceedings were initiated against the petitioner

under the provisions of the Kerala Co-operative Societies Act, 1969 and an

award was obtained determining the amounts payable by the petitioner.

The award was put to execution prompting the petitioner to approach this

Court by filing the above writ petition. The only relief now sought for by

the petitioner is to permit the petitioner to clear the liability in some

instalments.

2. The learned counsel appearing for the respondent bank submits

that the total outstanding amount as on 15.5.2023 is Rs.38,08,936/- and

the bank has no objection in granting some limited instalments to

the petitioner to clear the liability.

3. 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 petitioner can be granted an opportunity to

repay the outstanding amount in fifteen (15) instalments.

4. Accordingly, there will be a direction to the respondent bank to

accept repayment of the entire outstanding amount of Rs.38,08,936/-

along with bank charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.38,08,936/- together with any

accrued interest/costs shall be repaid in fifteen (15) equated

monthly instalments.

(ii) The first instalment shall be paid on or before 30-07-2023

and subsequent instalments shall be paid on or before 30 th

day of every succeeding months.

(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 petitioner 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

APPENDIX OF WP(C) 14543/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE NOTICE OF ATTACHMENT IN FORM NO: -7 IN CEP NO: 43/2023 - AWARD NO: 627/2019 DATED 19.03.2023 ISSUED BY THE SALE OFFICER, NANNAMBRA SERVICE CO-

OPERATIVE BANK LTD (NO: M -393) TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE REQUEST DATED 10.03.2013 SUBMITTED BY THE PETITIONER TO THE SALE OFFICER AND SECRETARY OF NANNAMBRA SERVICE CO-OPERATIVE BANK LTD (NO: M -393)