Vijayan vs The Branch Manager
2023 Latest Caselaw 2821 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
 WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                      WP(C) NO. 1625 OF 2023
PETITIONER:

         VIJAYAN
         AGED 68 YEARS
         S/O KUNJAYAPPAN , KODAKKI HOUSE,, PALLIPURAM,
         AMMADAM PO, THRISSUR DISTRICT, PIN - 680732

         BY ADV MAHESH V.MENON



RESPONDENTS:

    1    THE BRANCH MANAGER
         THE AMMADAM SREVICE CO OPERATIVE BANK LTD.P533
         PALLIPURAM BRANCH, AMMADAM P.O, THRISSUR DISTRICT,
         PIN - 680732

    2    SPECIAL SALE OFFICER
         VILVATTAM SCB GROUP, OFFICE OF ASSISITANT
         REGISTRAR CO- OPERATIVE SOCIETIES,THRISSUR ,
         THRISSUR DISTRICT. DISTRICT, PIN - 680020

         BY ADV Chacko C A


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No.1625/2023                     2



                             JUDGMENT

The petitioner availed a medium term loan from the respondent

Bank. On default being committed, proceedings were initiated against

the petitioner under the provisions of the Kerala Co-operative

Societies Act, 1969 and an award was obtained determining the

amounts payable by the petitioner. The award was put in execution

and the property of the petitioner was brought to sale, prompting the

petitioner to approach this court by filing the above writ petition

2. During the course of hearing, the petitioner has confined

the relief to an opportunity of repaying the amounts due in

instalments.

3. It was submitted on behalf of the respondent bank that the

petitioner committed default in repayment of the above loan. It is

further submitted that though proceedings for recovery have been

initiated, as a matter of indulgence, the respondent Bank is willing to

accept repayment of the aforesaid amount in limited instalments.

4. I have heard the learned counsel for the petitioner as well

as the learned Counsel for the respondent Bank.

5. 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 outstanding amount in respect of the above

loan in fifteen (15) equal monthly instalments.

6. Accordingly, there will be a direction to the respondent

Bank to accept repayment of the entire outstanding amount of

Rs.8,57,052/- in respect of the above loan, along with bank charges

from the petitioner on the following conditions:

(i) The outstanding amount of Rs.8,57,052/- in respect of the medium term loan together with any accrued interest/costs shall be repaid in fifteen (15) equated monthly instalments.

(ii) The first instalment shall be paid on or before 10-03-2023 and subsequent instalments shall be paid on or before 10 th day of every succeeding month.

(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 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) 1625/2023

PETITIONER EXHIBITS

Exhibit P1               TRUE COPY OF SALE NOTICE DATED
                         09.12.2022 ISSUED BY THE 2ND RESPONDENT
                         TO THE PETITIONER