Rajina P.K vs The Iritty House Building Co-Op. ...
2023 Latest Caselaw 7627 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. 9902 OF 2023
PETITIONER/S:

            RAJINA P.K.
            AGED 37 YEARS
            W/O.REJI, MANAPPATTY HOUSE KUNNOTH, KILIYANTHARA P.O.,
            KANNUR, PIN - 670706
            BY ADV A.N.SATHISH KUMAR


RESPONDENT/S:

    1       THE IRITTY HOUSE BUILDING CO-OP. SOCIETY LTD.
            REP. BY ITS SECRETARY, IRITTY P.O., KANNUR, PIN -
            670703
    2       THE SPECIAL SALE OFFICER
            OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, (JOINT
            REGISTRAR) THAVAKKARA, KANNUR, PIN - 670002
            CIBI THOMAS. SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9902 OF 2023
                                2

                   JUDGMENT

Dated this the 14th day of July, 2023

The writ petitioner is a guarantor in respect of a loan

availed by her husband from the first respondent Society.

The petitioner has approached this Court challenging the

recovery proceedings initiated by the first respondent to

recover the amount due under that loan.

2. When this matter came up for consideration on

21.03.2023, this Court passed the following interim order:-

Admit. Issue notice to the respondents by speed post.

There will be an interim order as prayed for, for a period of three months on condition that the petitioner remits a sum of Rs.1,00,000/- (Rupees One Lakh Only) towards the loan liability, within a period of one month from today.

Thereafter the matter was listed on 26.06.2023, on

which date it was adjourned to be listed on 03.07.2023. On

03.07.2023, the matter was adjourned to be listed on WP(C) NO. 9902 OF 2023

04.07.2023. On 04.07.2023, having considered the

submission of the learned Counsel appearing for the first

respondent that the condition imposed on the interim order

dated 21.03.2023 had not been complied with, I had

proceeded to dictate the judgment, dismissing the writ

petition. On the basis of the submission made by the

learned Counsel for the petitioner that every effort will be

made to pay the amount as a condition imposed while

granting the interim order dated 21.03.2023, the matter

was adjourned to be listed today. Even today, it is the

submission of the learned Counsel appearing for the first

respondent that the amount of Rs.1,00,000/- (Rupees One

Lakh Only), directed to paid in terms of the interim order

dated 21.03.2023, was not been paid by the petitioner.

3. The reliefs sought for in the writ petition are the

following:

(i) To issue a writ of mandamus or other appropriate writ or order directing the respondent bank to restructure the loan WP(C) NO. 9902 OF 2023

account of the petitioner's husband and permit him to pay the overdue amount in convenient monthly instalment.

(ii) Grant such other relief as this Hon'ble Court may consider just and proper in the interest of justice, including costs.

(iii) To dispense English translation of the Malayalam documents.

The petitioner has not demostrated any bonafides

warranting the exercise of jurisdiction under Article 226 of

the Constitution of India for grant of the aforesaid reliefs.

The Writ Petition fails and it is accordingly dismissed.

Sd/-

GOPINATH P.

JUDGE RK WP(C) NO. 9902 OF 2023

APPENDIX OF WP(C) 9902/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DETAILS OF DISBURSEMENT ISSUED BY THE SECRETARY ATTACHED TO THE RESPONDENT SOCIETY Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 02.02.2023 Exhibit3 A TRUE COPY OF THE RESALE NOTICE DATED 02.03.2023 ISSUED BY THE 2ND RESPONDENT