Ravi vs Muriyad Service Co-Operative ...
2023 Latest Caselaw 7809 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                       WP(C) NO. 13394 OF 2023
PETITIONERS:

    1     RAVI
          AGED 62 YEARS
          S/O APPUNNI, KOPULLY HOUSE,
          MUKUNDAPURAM TALUK, MURIYAD,
          THRISSUR DISTRICT, PIN - 680683
    2     VANAJA
          AGED 55 YEARS
          W/O RAVI, KOPULLY HOUSE,
          MUKUNDAPURAM TALUK, MURIYAD,
          THRISSUR DISTRICT, PIN - 680683
          BY ADVS.
          JITHIN BABU A
          ARUN SAMUEL


RESPONDENTS:

    1     MURIYAD SERVICE CO-OPERATIVE BANK LTD.NO.479
          THRISSUR DISTRICT, PIN - 680683
          REPRESENTED BY ITS SECRETARY
    2     THE JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL)
          THRISSUR DISTRICT, PIN - 680001
    3     ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES,
          MUKUNDAPURAM, ADMINISTRATION OFFICE OF THE
          ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES,
          MUKUNDAPURAM, THRISSUR DISTRICT, PIN - 680733
    4     SPECIAL SALE OFFICER,
          KARALAM SCB GROUP,
          OFFICE OF THE ASSISTANT
          REGISTRAR OF COOPERATIVE SOCIETIES,
          MUKUNDAPURAM, THRISSUR DISTRICT,
          PIN - 680711
          BY ADV P.C SASIDHARAN
          SMT. RESHMI THOMAS, GOVERNMENT PLEADER
    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.13394 of 2023

                                       2



                              JUDGMENT

The petitioners availed a personal loan from the

first respondent bank. On default being committed,

proceedings have been initiated against the petitioners under

the provisions of the Kerala Co-operative Societies Act, 1969,

and an award was obtained determining the amounts payable

by the petitioners. The property of the petitioners being put

to auction, the petitioners have approached this Court by

filing the above writ petition.

2. The learned counsel appearing for the

petitioners would submit that the only relief now sought for

by the petitioners is for a direction to the respondent bank to

permit the petitioners to clear the liability in instalments. It

is submitted that the amount of Rs.30,000/- (Rupees Thirty

Thousand only) directed to be paid by this Court as a

condition in the interim order dated 12.4.2023 has been paid

by the petitioners.

3. The learned counsel appearing for the

respondent bank submits that apart from the loan which is WPC No.13394 of 2023

subject matter of the present proceedings, there are other

loans also availed by the petitioners. The learned counsel

appearing for the respondent bank would submit that after

giving credit to the amount paid by the petitioners, the total

amount due from the petitioners as on 27.7.2023 (in respect

of the loan that is the subject matter of proceedings) is

Rs.2,57,194/-(Rupees Two lakh Fifty Seven Thousand One

Hundred and Ninety Four only). He submits that there is no

objection in some instalments being granted to the petitioners

to clear the liability.

In the result, the writ petition is disposed of with

the following directions:

(i) The outstanding amount of Rs.2,57,194/-

(Rupees Two lakh Fifty Seven Thousand One Hundred and

Ninety Four only) along with any accrued interest/costs shall

be paid in ten (10) monthly instalments.

(ii) The first instalment shall be paid on or before

25.8.2023 and subsequent instalments shall be paid on or

before the 25th day of the every succeeding month. WPC No.13394 of 2023

(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 petitioners 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 rkj WPC No.13394 of 2023

APPENDIX OF WP(C) 13394/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 14.03.2023 ISSUED BY THE 4TH RESPONDENT.