Kerala High Court
Shobhanakumari vs Assistant Registrar (General) Of ... on 23 June, 2023
W.P.(C)No.2254/2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
WP(C) NO. 2254 OF 2023
PETITIONER/S:
1 SHOBHANAKUMARI
AGED 64 YEARS
D/O SARASWATHY, MEMBERSHIP NO. 'C' 961, BALARAMAPURAM
VANITHA CO-OPERATIVE SOCIETY, HAVING PERMANENT
RESIDENCE AT SREEPADMAM HOUSE, KANNAMCODE DESOM,
NARUVAMOODU VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695528
2 PRASANTHI M.S. NAIR
AGED 44 YEARS
D/O SHOBHANAKUMARI, MEMBERSHIP NO. 'C' 893,
BALARAMAPURAM VANITHA CO-OPERATIVE SOCIETY, HAVING
PERMANENT RESIDENCE AT NIRAPPILVILA VEEDU, MUKKUNAD
DESOM, NARUVAMOODU VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695528
3 PRAVEENA M.S.
AGED 42 YEARS
D/O SHOBHANAKUMARI, MEMBERSHIP NO. 'C' 756,
BALARAMAPURAM VANITHA CO-OPERATIVE SOCIETY, HAVING
PERMANENT RESIDENCE AT HAVING PERMANENT RESIDENCE AT
NIRAPPILVILA VEEDU, MUKKUNAD DESOM, NARUVAMOODU
VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM
DISTRICT, PIN - 695528
4 APARNA MAHESH
AGED 24 YEARS
D/O PRAVEENA M.S., MEMBERSHIP NO. 'C' 946,
BALARAMAPURAM VANITHA CO-OPERATIVE SOCIETY, HAVING
PERMANENT RESIDENCE AT HAVING PERMANENT RESIDENCE AT
NIRAPPILVILA VEEDU, MUKKUNAD DESOM, NARUVAMOODU
VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM
DISTRICT, PIN - 695528
BY ADVS.
GODWIN JOSEPH
ANILKUMAR V.
ARUN BABU B.
W.P.(C)No.2254/2023 2
RESPONDENT/S:
1 ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES, NEYYATTINKARA
ALUMMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT,
PIN - 695121
2 ARBITRATION AND EXECUTION INSPECTOR
O/O ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES, ALUMMOODU, NEYYATTINKARA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695121
3 BALARAMAPURAM VANITHA CO-OPERATIVE SOCIETY
REPRESENTED BY ITS SECRETARY, BALARAMAPURAM P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
BY ADV ARUN CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.2254/2023 3
JUDGMENT
The petitioners owe certain amounts to the respondent Society in
terms of the provisions contained in a monthly deposit scheme to which the
petitioners were subscribers. The Society initiated proceedings under the
Co-operative Societies Act, 1969 and obtained awards determining the
amounts due from the petitioners. On the awards being put to execution,
the petitioners have approached this Court by filing the above writ petition
and praying that some breathing time may be granted to the petitioners to
clear the liability in some instalments.
2. The learned counsel appearing for the respondent Society would
submit that the amounts were withdrawn by the petitioners in the year
2021 and there has been practically no repayment till today (23.6.2023). It
is submitted that though the MDS Scheme in which the petitioners were
subscribers expired in the year 2021, there is practically no repayment and
therefore, while the petitioners may be given some reasonable instalments,
the number of instalments may be limited. He states that, as on 5.6.2023,
the amount due from the petitioners is Rs.25,45,000/-.
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 petitioners can be granted an opportunity to repay the
outstanding amount in ten (10) instalments.
4. Accordingly, there will be a direction to the respondent Society
to accept repayment of the entire outstanding amount of Rs.25,45,000/-
along with bank charges from the petitioners on the following conditions:
(i) The outstanding amount of Rs.25,45,000/- together with any
accrued interest/costs shall be repaid in ten (10) equated
monthly instalments.
(ii) The first instalment shall be paid on or before 10-07-2023
and subsequent instalments shall be paid on or before 10 th
day of every succeeding months.
(iii) In the event of default of any one instalment, the respondent
Society 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) 2254/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 06.01.2021
ISSUED TO THE PETITIONER NO. 1 BY THE 3RD
RESPONDENT.
Exhibit P1(a) A TRUE COPY OF THE NOTICE DATED 06.01.2021
ISSUED TO THE PETITIONER NO. 2 BY THE 3RD
RESPONDENT.
Exhibit P1(b) A TRUE COPY OF THE NOTICE DATED 10.08.2021
ISSUED TO THE PETITIONER NO. 3 BY THE 3RD
RESPONDENT.
Exhibit P1(c) A TRUE COPY OF THE NOTICE DATED 10.08.2021
ISSUED TO THE PETITIONER NO. 4 BY THE 3RD
RESPONDENT.
Exhibit P2 A TRUE COPY OF THE PLAINT DATED 10.05.2022
FILED BY THE 3RD RESPONDENT BEFORE THE 1ST
RESPONDENT IN MDS NO. 69/17.
Exhibit P2(a) A TRUE COPY OF THE PLAINT DATED 10.05.2022
FILED BY THE 3RD RESPONDENT BEFORE THE 1ST
RESPONDENT IN MDS NO. 58/17.
Exhibit P2(b) A TRUE COPY OF THE PLAINT DATED 10.05.2022
FILED BY THE 3RD RESPONDENT BEFORE THE 1ST
RESPONDENT IN MDS NO. 75/18.
Exhibit P2(c) A TRUE COPY OF THE PLAINT DATED 10.05.2022
FILED BY THE 3RD RESPONDENT BEFORE THE 1ST
RESPONDENT IN MDS NO. 72/17.
Exhibit P3 A TRUE COPY OF THE AWARD DATED 25.06.2022
PASSED BY THE 2ND RESPONDENT IN FILE NO.
3883/2021
Exhibit P3(a) A TRUE COPY OF THE AWARD DATED 25.06.2022
PASSED BY THE 2ND RESPONDENT IN FILE NO.
3884/2021.
Exhibit P3(b) A TRUE COPY OF THE AWARD DATED 25.06.2022
PASSED BY THE 2ND RESPONDENT IN FILE NO.
3885/2021.
Exhibit P3(c) A TRUE COPY OF THE AWARD DATED 25.06.2022
PASSED BY THE 2ND RESPONDENT IN FILE NO.
3900/2021.
Exhibit P4 A TRUE COPY OF THE JOINT REPRESENTATIONS
DATED 16.06.2023 SUBMITTED BY PETITIONERS
Exhibit P4(a) A TRUE COPY OF THE JOINT REPRESENTATIONS
DATED 16.06.2023 SUBMITTED BY PETITIONERS
Exhibit P4(b) A TRUE COPY OF THE JOINT REPRESENTATIONS
DATED 16.06.2023 SUBMITTED BY PETITIONERS
1,2 AND 4 TO THE SALE OFFICER OF THE 3RD
RESPONDENT SOCIETY
