Sasidharan Nair E vs The Joint Registrar Of ...
2023 Latest Caselaw 3032 Ker

               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. 679 OF 2023
PETITIONER:

          SASIDHARAN NAIR E
          AGED 55 YEARS
          S/O. MALINGU NAIR V RESIDING AT NOOVAMBAYAL HOUSE,
          PANOOR, KOTOOR P.O. KASARAGOD DISTRICT, PIN - 671542

          BY ADVS.
          RESHMA E.
          O.MINCY
          SHINCE TOM


RESPONDENTS:

    1     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KASARAGOD
          THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KASARAGOD,
          KASARAGOD DISTRICT, PIN - 671123

    2     THE MANAGER, THE KASARAGOD PRIMARY CO-OPERATIVE
          THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
          DEVELOPMENT BANK, LTD; NO.F.F.113, KASARAGOD, KASARAGOD
          DISTRICT, PIN - 671121

    3     THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
          DEVELOPMENT BANK, LTD; NO.F.F.113, KASARAGOD
          THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
          DEVELOPMENT BANK, LTD; NO.F.F.113, KASARAGOD, KASARAGOD
          DISTRICT, PIN - 671121

    4     SENIOR INSPECTOR/SPECIAL SALE OFFICER
          SENIOR INSPECTOR/SPECIAL SALE OFFICER, THE KASARAGOD PRIMARY
          CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, LTD;
          NO.F.F.113, KASARAGOD, KASARAGOD DISTRICT, PIN - 671121

          ADV. SRI. PUSHPARAJAN KODOTH FOR R2 TO R4


     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.679/2023                       -2-

                                  JUDGMENT

The petitioner availed an agricultural loan from the 3rd respondent bank. On

default being committed, proceedings have been taken against the petitioner under

the provisions of the Kerala State Co-operative (Agricultural and Rural

Development Banks) Act, 1984, prompting the petitioner to file the present writ

petition.

2. During the course of hearing, petitioner has confined the relief to an

opportunity for repaying the overdue amount in instalments and to obtain

regularisation of the loan account.

3. The learned counsel for the respondent bank submits that the overdue

amount as on 11-03-2023 is Rs.5,24,942/- It was 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 overdue amount in limited

instalments and regularise the loan account.

4. Accordingly, there will be a direction to the respondent bank to accept

repayment of the entire overdue amount of Rs.5,24,942/- along with bank charges

from the petitioner and regularise the loan account of the petitioner on the

following conditions:

(i) The overdue amount of Rs.5,24,942/- together with any accrued interest / bank charges shall be repaid in ten (1o) equated monthly instalments.

(ii) The first instalment shall be paid on or before 20-04-2023 and the subsequent instalments shall be paid on or before 20 th day of every succeeding month.

(iii) Petitioner shall continue to pay the regular EMI's along with the instalments directed above.

(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 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 AMG

APPENDIX OF WP(C) 679/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE MEMBER'S STATEMENT AS ON 04.01.2023 AND LOAN DETAILS OF THE LOAN ACCOUNT OF THE PETITIONER IN MEMBER NO. A14297 FROM THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, LTD; NO. F.F.113

Exhibit P2 A TRUE COPY OF THE NOTICE DATED 05.07.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P3 A TRUE COPY OF THE NOTICE DATED 14.09.2022 ISSUED BY THE 2ND RESPONDENT BANK TO THE PETITIONER

Exhibit P4 A TRUE COPY OF THE AUCTION SALE NOTICE DATED 20.12.2022 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER

Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 06.01.2023