Raveendran T vs The Adoor Primary Co-Operative ...
2023 Latest Caselaw 3922 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                         WP(C) NO. 3965 OF 2023
PETITIONER/S:

          RAVEENDRAN T.
          AGED 63 YEARS
          S/O THEVAN, IRAPPANKUZHI HOUSE, ELAMPALLICKAL,
          PAYYANELLOR P.O., PALLICKAL VILLAGE, PATHANAMTHITTA
          DISTRICT, PIN - 691511
          BY ADV AJEESH K.SASI


RESPONDENTS:

    1     THE ADOOR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
          DEVELOPMENT BANK LTD
          NO.PT-235, ADOOR, PATHANAMTHITTA DISTRICT-691523
          REPRESENTED BY ITS MANAGER
    2     THE MANAGER
          THE ADOOR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
          DEVELOPMENT BANK LTD NO.PT-235, ADOOR, PATHANAMTHITTA
          DISTRICT, PIN - 691523
    3     SPECIAL SALE OFFICER
          THE ADOOR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
          DEVELOPMENT BANK LTD NO.PT-235, ADOOR, PATHANAMTHITTA
          DISTRICT, PIN - 691523
          BY ADVS.
          GEORGE ABRAHAM PACHAYIL
          O.K.DEEPAMOL(K/455/2009)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC NO.3965 of 2023

                                      2



                            JUDGMENT

The petitioner availed credit facilities from the

respondent bank. On default being committed, recovery

proceedings have been initiated against the petitioner under

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

and Ext.P1 notice has been issued. The petitioner has,

therefore, approached this Court by filing the above writ

petition.

2. The learned counsel appearing for the

petitioner would submit that the only relief sought for by the

petitioner is to permit the petitioner to clear the liability in

instalments.

3. The learned counsel appearing for the

respondent bank submits that the overdue amount as on

04.03.2023 is Rs.5,55,438/- (Rupees Five lakh Fifty Five

Thousand Four Hundred and Thirty Eight only). He states

that some instalments can be granted to the petitioner.

In the result, the writ petition is disposed of with

the following conditions:

WPC NO.3965 of 2023

(i) The overdue amount of Rs.5,55,438/- (Rupees

Five lakh Fifty Five Thousand Four Hundred and Thirty

Eight only) along with any accrued interest/costs shall be

paid in twelve (12) monthly instalments.

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

17.04.2023 and subsequent instalments shall be paid on or

before the 17th 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 amounts, all coercive proceedings shall be kept in

abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P., JUDGE rkj WPC NO.3965 of 2023

APPENDIX OF WP(C) 3965/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECOVERY NOTICE DATED 06.01.2023 ISSUED BY THE 3RD RESPONDENT