Sunny @ Augustine vs Purappuzha Service Co-Operative ...
2023 Latest Caselaw 11029 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                     WP(C) NO. 35239 OF 2023
PETITIONER:

          SUNNY @ AUGUSTINE
          AGED 60 YEARS
          S/O JOSEPH KULANGARA ,
          KULANGARA HOUSE, PURAPUZHA (P.O)
          THODUPUZHA, IDUKKI -, PIN - 685583.

          BY ADV AJITH M. JIJI


RESPONDENTS:

    1     PURAPPUZHA SERVICE CO-OPERATIVE BANK
          NO. E-70 LTD
          REPRESENTED BY ITS SECRETARY
          PURAPUZHA (P.O), THODUPUZHA,
          IDUKKI PIN - 685583.

    2     THE UNIT INSPECTOR
          OFFICE OF THE ASST REGISTRAR OF CO-OPERATIVE
          SOCIETIES( GENERAL ) THODUPUZHA PIN - 685585.

    3     ASST REGISTRAR OF CO-OPERATIVE SOCIETIES
          OFFICE OF THE ASST REGISTRAR OF CO-OPERATIVE
          SOCIETIES( GENERAL ) THOUPUZHA PIN - 685585.

          BY ADVS
          P.N.MOHANAN
          C.S.SHEEJA, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.35239 of 2023

                                 :2:




                            JUDGMENT

Dated this the 26th day of October, 2023

The petitioner states that he had availed a loan of

₹10,00,000/- in the year 2014 and another loan of ₹9,00,000/- in

the year 2017 from the 1st respondent-Bank and had been paying

the installment amounts promptly till 2018. There occurred certain

defaults thereafter. Without waiting for the petitioner to clear the

dues, the respondents have taken coercive proceedings under

the Kerala Co-operative Societies Act.

2. The petitioner states that the 2nd respondent has now

issued a Sale Notice stating that the 2nd respondent is going to

conduct the sale of the property pledged by the petitioner on

30.10.2023 for recovery of an amount of ₹25,13,825/- being the W.P.(C) No.35239 of 2023

total outstanding amount.

3. The petitioner submits that if the petitioner is given a

breathing time, the petitioner will be able to clear off the entire

loan amount. If the petitioner's property is put to sale, the

petitioner will be put to untold hardship and loss.

4. Standing Counsel entered appearance on behalf of the

1st respondent and resisted the writ petition. The Standing

Counsel submitted that the petitioner is a landlord having 94

Cents of land, which was pledged with bank. Apart from that, the

petitioner is holding more than 4 Acres of plantation property. The

petitioner was in a position to clear the dues promptly. But, there

was deliberate omission on the part of the petitioner to pay the

amount. In such circumstances, it would not be proper for this

Court to exercise its discretionary power under Article 226 of the

Constitution of India. However, it is submitted that, if the petitioner

pays a substantial amount on or before 30.10.2023, a breathing W.P.(C) No.35239 of 2023

time can be granted to the petitioner to clear the dues.

5. The Standing Counsel pointed out that the petitioner

had availed a loan of ₹7,00,000/- on 25.03.2013 and another loan

of ₹7,00,000/- on 27.11.2015. It is in the said two loans that the

arrears have now accumulated to ₹25,13,825/-.

6. I have heard the learned Counsel for the petitioner and

the learned Standing Counsel representing the respondents.

7. It is evident from the pleadings that the petitioner has

been making some payments after taking the loan. The

respondents have not initiated any action since the year 2013.

Taking into consideration the totality of the circumstances of the

case, I am inclined to grant certain relief to the petitioner on

conditions.

8. The writ petition is therefore disposed of directing that

if the petitioner remits an amount of ₹7,00,000/- on or before

30.10.2023, the coercive sale proceedings will stand deferred. W.P.(C) No.35239 of 2023

The petitioner shall remit the balance amount due to the bank

along with accruing interest and administrative charges in six

equal monthly installments. The first of such installments shall be

paid on or before 30.11.2023 and the remaining installments shall

be paid in consecutive months.

If the petitioner commits any default in making installments

as directed above, the respondents will be at liberty to proceed

against the petitioner in accordance with law.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.35239 of 2023

APPENDIX OF WP(C) 35239/2023

PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE NOTICE OF SALE DATED 14.09.2023 ISSUED ON THE PETITIONER.