Ramachandran vs The Amballur Service Co ...
2023 Latest Caselaw 3683 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                        WP(C) NO. 9833 OF 2023
PETITIONER:

          RAMACHANDRAN,
          AGED 78 YEARS, S/O SANKARAN AGED 78, VYLORE HOUSE,
          ERIPPOD DESOM, ALAPAGPPANAGAR POST AMBALLUR , TRISSUR
          DISTRTICT,, PIN - 680302

          BY ADV T.N.MANOJ


RESPONDENTS:

    1     THE AMBALLUR SERVICE CO -OPERATIVE BANK,
          NO 503, MAMNAMPETTAH VARAKKARA POST , TRISSUR DISTRICT,
          PIN 680302, REPRESENTED BY SECRETARY., PIN - 680302

    2     THE SECRETARY AMBALLUR SERVICE CO -OPERATIVE BANK,
          NO 503, MAMNAMPETTAH, VARAKKARA POST TRISSUR DISTRICT,,
          PIN - 680302

    3     THE SPECIAL SALE OFFICER AND THE CO- OPERATIVE
          INSPECTOR,
          O/O THE ASSISTANT REGISTRAR , MUKUNDAPURAM
          IRINJALAKUDA,, PIN - 680121

          BY ADV P.C SASIDHARAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.9833/2023                      -2-

                                  JUDGMENT

The petitioner availed a mortgage 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 has been

obtained determining the amounts payable by the petitioner. The award was put in

to execution, prompting the petitioner to approach this court by filing the above

writ petition.

2. The learned counsel appearing for the petitioner would submit that the

petitioner may be permitted to clear the entire liability in installments.

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

the amount due from the petitioner as on 28-03-2023 is Rs.15,79,210/-. It is

submitted that some reasonable installments can be given to the petitioner to clear

the entire liability.

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

repayment of the entire amount of Rs.15,79,210/- along with bank charges from the

petitioner on the following conditions:

(i) The outstanding amount of Rs.15,79,210/- together with any accrued

interest/costs shall be repaid in eighteen (18) equated monthly

instalments.

(ii) The first instalment shall be paid on or before 17-04-2023 and

subsequent instalments shall be paid on or before 17 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 AMG

APPENDIX OF WP(C) 9833/2023

PETITIONER EXHIBITS

Exhibit.P1 TRUE COPY OF THE AWARD DATED 31/5 /2022 OF THE SPECIAL SALE OFFICER PUDUKKAD IN FILE NUMBERR-1571 OF 2022.

Exhibit P2 DEMAND NOTICE DATED 8/3 /2023 IN EP 259 OF 2023 OF THE SALE OFFICER AND THE COOPERATIVE INSPECTOR MUKUNDAPURAM, IRINJALAKUDA.