Thomas P.C vs Joint Registrar / Arbitrator Of ...
2023 Latest Caselaw 2842 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
         WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                             WP(C) NO. 5998 OF 2023
PETITIONER:

     1        THOMAS P.C
              AGED 54 YEARS
              S/O CHAKO, PADAMATTUMMAL HOUSE, AZHIKODE VILLAGE,
              KODUNGALLUR, THRISSUR, PIN - 680666
              BY ADV MANSOOR ALI

RESPONDENTS:

     1        JOINT REGISTRAR / ARBITRATOR OF CO-OPERATIVE SOCIETIES,
              TRISSUR
              CIVIL STATION, AYYANTHOL, THRISSUR., PIN - 680003
     2        MANAGER/ AUTHORIZED OFFICER, KERALA STATE CO-OPERATIVE BANK
              LTD
              ERIYAD BRANCH, ERIYAD. THRISSUR., PIN - 680666
              SRI. P. C. SASIDHARAN, STANDING COUNSEL

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.5998 of 2023
                                        2




                          T.R. RAVI, J.
               ------------------------------------
                  W.P.(C.) No.5998 of 2023
               ------------------------------------
             Dated this the 01st day of March, 2023

                             JUDGMENT

The petitioner has approached this Court seeking

permission to wipe off the liabilities to the respondent

Bank in instalments. The petitioner prays that he may

be permitted to pay off the amounts in easy

instalments.

2. The Standing Counsel on instructions submits

that the overdue amount as on 31.01.2023 is

Rs.1,73,430/-.

In the above circumstances, the writ petition is

disposed of with the following directions:-

i) The petitioner shall pay the overdue amount of

Rs.1,73,430/- in twelve equal monthly

instalments, the first instalment becoming

payable on or before 01.04.2023 and the WPC No.5998 of 2023

subsequent instalments payable on or before

the 01st day of the succeeding months. If the

petitioner pays the entire instalments as

directed above, the respondent shall regularise

the loan account;

ii) The petitioner shall continue to pay the regular

instalments along with the instalments as

directed above;

iii) If the petitioner makes two defaults in the

payment of the instalments as directed above,

the 2nd respondent will be at liberty to continue

with the proceedings for recovery;

iv) Coercive steps for recovery shall be kept in

abeyance for facilitating the payments by

instalments as directed above.

Sd/-

T.R.RAVI JUDGE SKP/01-03 WPC No.5998 of 2023

APPENDIX OF WP(C) 5998/2023

PETITIONER'S EXHIBITS:

EXHIBIT-P1 TRUE COPY OF THE RELEVANT PAGES OF LOAN BOOK ACCOUNT NO 80009226387 EXHIBIT P2 TRUE COPY OF THE OF THE NOTICE ISSUED BY THE 2ND RESPONDENT UNDER SECTION 13 (4) OF SARFAESI ACT 2022 DATED 13.02.2023 EXHIBIT-P3 TRUE COPY OF THE TREATMENT REPORT OF THE PETITIONER DATED 24.-7.2020 RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE