Sainudheen Parakkott vs Special Sale Officer/Arbitrator
2023 Latest Caselaw 2838 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. 41853 OF 2022
PETITIONER:

          SAINUDHEEN PARAKKOTT,
          AGED 50 YEARS,S/O.UMMER.P.P,
          'SHAHANAS', KANACHERY, P. O. EACHUR, KANNUR - 670 591.
          BY ADV T.MANOJ KUMAR


RESPONDENTS:

    1     SPECIAL SALE OFFICER/ARBITRATOR,
          ASSISTANT REGISTRAR (GENERAL) OFFICE, KANNUR - 5.
    2     MOWANCHERY SERVICE CO-OPERATIVE RURAL BANK,
          MUNDERI MOTTA BRANCH, REP. BY ITS SECRETARY,
          P. O. MUNDERI, KANNUR - 670 591.
          BY ADVS.
          SRI.CIBI THOMAS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41853 OF 2022

                                 2




                               JUDGMENT

The petitioner availed a loan from the respondent bank.

On default being committed, proceedings have been 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

is at the stage of 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. The learned counsel for the petitioner would submit

that the petitioner may be permitted to clear the liability in

installments.

3. The learned counsel for the respondent bank

submits that outstanding amount as on today is Rs.11,27,189/-.

It was submitted that the term of the loan has already over and

therefore the entire amount will have to be cleared by the

petitioner. It is submitted that the bank has no objection in

granting some reasonable installments to the petitioner to clear

the liability.

4. Having regard to the circumstances of the case and

the situation now prevailing, apart from the submissions made WP(C) NO. 41853 OF 2022

as recorded above, I am of the view that the petitioner can be

granted an opportunity to repay the outstanding amount in

fifteen instalments.

5. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire outstanding

amount of Rs.11,27,189/- along with any accrued interest, costs

and charges from the petitioner on the following conditions:

(i) The outstanding amount of Rs.11,27,189/- (Rupees

eleven lakhs twenty seven thousand one hundred

and eighty nine only) together with any accrued

interest, costs and charges shall be repaid in fifteen

equated monthly instalments.

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

15.03.2023 and subsequent instalments shall be

paid on or before the 15th day of every succeeding

months.

(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 WP(C) NO. 41853 OF 2022

amounts, all coercive proceedings shall be kept in

abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 41853 OF 2022

APPENDIX OF WP(C) 41853/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF AN INTIMATION WHICH WAS ISSUED TO THE PETITIONER BY THE RESPONDENT NO.1 DIRECTING HIM TO PAY A SUM OF RS.12,19,723/- (RUPEES TWELVE LAKH NINETEEN THOUSAND SEVEN HUNDRED AND TWENTY-THREE ONLY) TO THE PETITIONER WITHIN FIFTEEN DAYS ON THE RECEIPT OF THE SAID NOTICE DATED 05-11-

Exhibit P2 THE TRUE COPY OF NOTICE ISSUED BY RESPONDENT NO.1 UNDER RULE 81 OF CO- OPERATIVE SOCIETY RULES AS PER WHICH IT WAS INTIMATED TO THE PETITIONER THAT THE LANDED PROPERTY OF THE PETITIONER WOULD BE SOLD IN AUCTION ON 03-01-2023 AT THE PREMISE OF VILLAGE OFFICE OF MUNDERI VILLAGE AT KANNUR DISTRICT DATED 03-12-2022