Aswathy Raj vs Assistant Registrar (General) Of ...
2023 Latest Caselaw 3938 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. 10484 OF 2023
PETITIONER:

          ASWATHY RAJ
          AGED 47 YEARS, W/O AJESH DAMODARAN,
          GEETHALAYAM, KAKKAMTHODE, CHANGANACHERRY,
          KOTTAYAM DISTRICT, PIN - 686 101.

          BY ADVS.
                    SANIL JOSE
                    K.P.ANTONY BINU



RESPONDENTS:

    1     ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES
          CHANGANACHERRY, PIN - 686 101.

    2     ITHITHANAM SERVICE CO-OPERATIVE BANK NO.476
          MALAKUNNAM P.O., CHANGANACHERRY,
          KOTTAYAM DISTRICT, PIN - 686 535.
          REPRESENTED BY ITS SECRETARY.

    3     THE SPECIAL SALE OFFICER, ITHITHANAM SERVICE CO-
          OPERATIVE BANK NO.476
          OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF
          COOPERATIVE SOCIETIES, CHANGANACHERRY, PIN - 686101

          BY ADVS
                    BIJITH S KHAN SHANAVAS
                    BIMAL K NATH SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.10484/2023                -2-


                         JUDGMENT

Petitioner availed a loan from the 2nd 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 was obtained determining

the amounts due from the petitioner. The award was put into

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 only relief sought for by the petitioner is

to permit the petitioner to clear the liability in installments.

3. The learned counsel appearing for the respondent

Bank submits that the total outstanding amount as on

27-03-2023 is Rs.71,04,501/-. He submits that the Bank has no

objection in some reasonable instalments being granted to the

petitioner to clear the liability.

4. Having regard to the circumstances of the case and

the situation now prevailing, apart from the submissions made

as recorded above, I am of the view that the petitioner can be

granted an opportunity to repay the outstanding amount in

fifteen (15) equal monthly instalments.

5. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire outstanding

amount of Rs.71,04,501/-, along with bank charges from the

petitioner on the following conditions:

(i) The outstanding amount of Rs.71,04,501/- together with any accrued interest/costs shall be repaid in fifteen (15) 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 the 17th 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 ats

APPENDIX OF WP(C) 10484/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE NOTICE DATED NIL ISSUED BY THE 3RD RESPONDENT SALE OFFICER

Exhibit P2 TRUE PHOTOCOPY OF THE COMMON JUDGMENT DATED 14/3/2023 IN W.P.(C).NOS.4859/2023 AND 4861/2023 OF THIS HON'BLE COURT