D. Suresh Kumar vs The Trivandrum Co-Operative ...
2023 Latest Caselaw 6926 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

          THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945

                              WP(C) NO. 18649 OF 2023

PETITIONER/S:

                D. SURESH KUMAR
                AGED 47 YEARS
                S/O DAMODHARAN NAIR, RESIDING AT ANANTHA SREE, SAUHRUDA
                GRAMAM, K.P.6/68, NEMOM P.O., THIRUVANANTHAPURAM, PIN -
                695020
                BY ADVS.
                M.RAJENDRAN NAIR
                M.SANTHY


RESPONDENT/S:

     1          THE TRIVANDRUM CO-OPERATIVE AGRIOULTURAL AND RURAL
                DEVELOPMENT BANK LTD.
                T 170, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM,
                REPRESENTED BY ITS SECRETARY., PIN - 695001
     2          THE SALES OFFICER
                TRIVANDRUM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
                BANK LTD., T 170, HOUSING BOARD JUNCTION,
                THIRUVANANTHAPURAM, PIN - 695001
     3          JOINT REGISTRAR (GENERAL)
                CO-OPERATIVE SCOIETIES, OFFICE OF THE REGISTRAR OF CO-
                OPERATIVE SOCIETIES, OOTTUKUZHI, NEAR GOVERNMENT
                SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
                BY ADV SUMAN CHAKRAVARTHY



         THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 18649 of 2023



                                       GOPINATH P., J.
                             ======================================================

                               W.P.(C) No. 18649 of 2023
                         =============================================================

                       Dated this the 22nd day of June, 2023

                                           JUDGMENT

Petitioner availed several credit facilities from the respondent

bank. On default being committed, proceedings were initiated against the

petitioner under the provisions of the Kerala State Co-operative

Agricultural and Rural Development Bank Act, 1984, leading to the

issuance of Ext.P4 sale notice, through which the property of petitioner

was brought in sale. This prompted the petitioner to approach this Court

by filing the above writ petition.

2. Learned counsel appearing for the petitioner would submit

that the property of the petitioner is scheduled to be sold on 03.07.2023.

It is submitted that the property comprises of 5 cents of land and the

residential house of the petitioner. It is submitted that the petitioner will

be put to great prejudice, if the property of the petitioner is sold in

auction. It is submitted that the petitioner may be permitted to clear the

liability in some instalments.

3. Heard the learned counsel appearing for the respondent

bank also. Learned counsel appearing for the respondent bank would

submit that, out of the four loans availed by the petitioner, only two of the

W.P.(C). No. 18649 of 2023

loans were serviced to some extent by the petitioner and there has been

practically no repayment in the other two loans availed by the petitioner.

It is submitted that the total liability in respect of all the four loans

together as on date is Rs.15,50,000/- (Rupees fifteen lakhs fifty thousand

only) and the respondent bank has no objection in granting some

reasonable instalments to the petitioner to clear the liabilities.

4. 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 entire liability in eighteen instalments.

5. Accordingly, the writ petition is disposed of, directing the

respondent bank to accept repayment of the loan amount of

Rs.15,50,000/- (Rupees fifteen lakhs fifty thousand only) along with

accrued interest and bank charges from the petitioner in the following

manner:

(i) The outstanding amount of Rs.15,50,000/- (Rupees

fifteen lakhs fifty thousand only) shall be repaid in

eighteen equated monthly instalments along with any

accrued interest/costs;

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

15.07.2023 and the subsequent instalments shall be

W.P.(C). No. 18649 of 2023

paid on or before the 15th day of the succeeding

months;

(iii) In order to enable the petitioner to repay the entire

amounts as above, all coercive proceedings shall be

kept in abeyance.

(iv) In the event of default of two consecutive instalments,

the respondent bank shall be entitled to proceed with

the coercive proceedings initiated against the

petitioner in accordance with law;

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE shg

W.P.(C). No. 18649 of 2023

APPENDIX OF WP(C) 18649/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PASS BOOK NFS 43/20 Exhibit P2 TRUE COPY OF PASS BOOK NH1 50/20 Exhibit P3 TRUE COPY OF REPRESENTATION OF PETITIONER DATED 20- 03-2023 Exhibit P4 TRUE COPY OF SALE PROCLAMATION NOTICE TO PETITIONER DATED 30-05-2023 Exhibit P5 TRUE COPY OF SALE PROCLAMATION IN DESHABHIMANI DAILY DATED 28-05-2023