Ajith Kumar .P.C vs The Special Sales Officer
2023 Latest Caselaw 7143 Ker

             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. 14957 OF 2023
PETITIONERS:

     1       AJITH KUMAR .P.C.
             AGED 50 YEARS, S/O.CHANDRAN,
             POTTAPARAMBIL HOUSE, KURUVILASSERY DESAM,
             KURUVILASSERY P.O., THRISSUR DISTRICT,
             PIN - 680 732.

     2       NISHA AJITH
             AGED 40 YEARS, W/O. AJITH KUMAR P.C.,
             POTTAPARAMBIL HOUSE, KURUVILASSERY DESAM,
             KURUVILASSERY P.O., THRISSUR DISTRICT,
             PIN - 680 732.

             BY ADVS.
                     FRANCO T.J.
                     V.R.SASSIDHARAN



RESPONDENTS:

     1       THE SPECIAL SALES OFFICER
             CHALAKUDY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL
             AND RURAL DEVELOPMENT BANK LTD, R.1452 H.O
             CHALAKUDY, THRISSUR DISTRICT, PIN - 680 307.

     2       THE CHALAKUDY TALUK PRIMARY CO-OPERATIVE
             AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD,
             R1452, REP. BY ITS BRANCH MANAGER,
             MALA BRANCH, MALA. P.O.,
             THRISSUR DISTRICT, PIN - 680 732.

             BY ADV P.C SASIDHARAN




      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.14957/2023                2

                          JUDGMENT

Petitioners availed three separate loans from the

respondent Bank. On default being committed proceedings

have been initiated against the petitioners under the Kerala

State Co-operative Agricultural and Rural Development

Banks Act, 1984, and the property of the first petitioner was

brought to sale, prompting the petitioners to approach this

Court by filing the above writ petition.

2. The learned counsel for the petitioners only seeks

for a direction, permitting the petitioners to clear the

liabilities in some installments.

3. The learned counsel appearing for the respondent

Bank submits that out of the three loans availed by the

petitioners, one loan is a cash credit facility, which is set to

expire in the month of March, 2024. It is submitted that the

overdue amount in respect of that facility is Rs.6,005/- (as on

23-06-2023) and the petitioners may be required to pay that

amount forthwith and thereafter service that loan account

without any further default. It is submitted that the overdue

amount in respect of the other two loans is Rs.3,42,918/- (as

on 23-06-2023) and the petitioners can be given some

reasonable installments to clear the entire liability.

4. Having regard to the submissions made by the

learned counsel for the petitioners and the learned counsel

appearing for the respondent Bank, this writ petition will

stand disposed of with the following directions:

i) The petitioners shall remit a sum of Rs.6,005/-

towards the cash credit facility, forthwith and at

any rate within a period of two weeks from today

(23-06-2023);

ii) The petitioners shall repay the overdue amount in

respect of the two other loans availed by the

petitioners amounting to Rs.3,42,918/- in ten (10)

equated monthly instalments. The first

instalment shall be paid on or before 15-07-2023

and the subsequent instalments shall be paid on

or before the 15th day of every succeeding

month;

(iii) Petitioners shall continue to service all the loans

along with the instalments as directed above,

without any further default;

(iv) In the event of default of any one instalment, the

respondent bank shall be entitled to proceed in

accordance with law.

(v) 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 ats

APPENDIX OF WP(C) 14957/2023

PETITIONERS' EXHIBITS

Exhibit-P1 TRUE COPY OF THE PASSBOOK DATED 03-05-2013 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT

Exhibit-P2 TRUE COPY OF DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 01-02-2023.

Exhibit-P3 TRUE COPY OF THE DEMAND NOTICES ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER DATED 03-08-2023.

Exhibit-P4 TRUE COPY OF THE DEMAND NOTICES ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER DATED 03-08-2023.

Exhibit-P5 TRUE COPY OF THE REPRESENTATION DATED 17-03-2023 GIVEN BY THE 1ST PETITIONER TO THE 1ST RESPONDENT.

Exhibit-P6 TRUE COPY OF THE RECEIPT NO.00041 DATED 31-03-2023 ISSUED BY THE 2ND RESPONDENT.

Exhibit-P7 TRUE COPY OF FORM-III NOTICE (NOTICE UNDER SECTION 12 OF THE ACT) DATED 31-03-2023 ISSUED BY THE 2ND RESPONDENT.