Lineesh Zachriya vs Amballur Service Co-Operative ...
2023 Latest Caselaw 3009 Ker

Citation : 2023 Latest Caselaw 3009 Ker
Judgement Date : 13 March, 2023

Kerala High Court

Lineesh Zachriya vs Amballur Service Co-Operative ... on 13 March, 2023

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

               MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944

                               WP(C) NO. 6005 OF 2023

PETITIONER:

               LINEESH ZACHRIYA
               AGED 42 YEARS
               S/O ZACHRIYA, CHIRIYANKANDATH HOUSE, AMBALLUR, ALAGAPPANAGAR P O,
               THRISSUR DISTRICT., PIN - 680302
               BY ADVS.
               JITHIN BABU A
               ARUN SAMUEL


RESPONDENTS:

     1         AMBALLUR SERVICE CO-OPERATIVE BANK LTD.NO.503
               REPRESENTED BY ITS SECRETARY MANNAMPETTA, VARAKKARA P O, THRISSUR
               DISTRICT, PIN - 680302
     2         THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
               THRISSUR DISTRICT, PIN - 680001
     3         ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
               MUKUNDAPURAM ADMINISTRATION OFFICE OF THE ASSISTANT REGISTRAR OF
               COOPERATIVE SOCIETIES, MUKUNDAPURAM, THRISSUR DISTRICT, PIN -
               680733
     4         SPECIAL SALE OFFICER
               PUDUKKAD SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF
               COOPERATIVE SOCIETIES, MUKUNDAPURAM, P.O. IRINJALAKUDA, THRISSUR
               DISTRICT, PIN - 680121
               BY ADV P.C SASIDHARAN



    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P. (C) No. 6005 of 2023
                                   ..2..




                              JUDGMENT

The petitioner availed an overdraft facility from the

respondent bank and committed default in repayment.

Proceedings were initiated against the petitioner under the

provisions of the Kerala Co-operative Societies Act, 1969 and

following an award, the proceedings have been initiated for

execution of the same.

2. The learned counsel for the petitioner submits that the

petitioner is not disputing the liability and only seeks some

indulgence to settle the liability in some instalments.

3. The learned counsel appearing for the respondent bank

submits that the term of the loan is over and therefore no

regularization is possible and the entire amount has to be paid.

The learned counsel appearing for the respondent bank also

submits that some reasonable installments can be permitted to

the petitioner for clearing the entire liability and the total

outstanding amount as on 02.03.2023 is Rs.24,39,192/-. It is W.P. (C) No. 6005 of 2023 ..3..

submitted that considering the fact that the petitioner is a

recalcitrant defaulter, the number of instalments may be limited.

4. Having regard to the facts and circumstances of the case

and the situation now prevailing, apart from the submissions

made as recorded above and also taking into account the fact that

the petitioner has undertaken to clear off the entire due amount,

I am of the view that the petitioner can be granted an opportunity

to clear off the entire due amount in fifteen (15) equal monthly

instalments, first of which shall be paid on or before 27.03.2023.

5. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire due amount

of Rs.24,39,192/- along with bank charges from the petitioner

on the following conditions:

(i) The total due amount of Rs.24,39,192/- together

with any accrued interest and charges shall be

repaid in fifteen (15) equated monthly instalments.

(ii) The first instalment shall be paid on or before W.P. (C) No. 6005 of 2023 ..4..

27.03.2023 and the subsequent instalments shall

be paid on the 27th 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/-