Sheelakumari vs The Special Sale Officer
2023 Latest Caselaw 9794 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
  WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA,
                                 1945
                     WP(C) NO. 1079 OF 2023
PETITIONERS:
    1     SHEELAKUMARI, W/O.PURUSHOTHAMAN NAIR, UDAYA
          BHAVAN, NAGARUKUZHY, PALAMKONAM P.O, VENJARAMOOD,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695607
    2     PURUSHOTHAMAN NAIRAGED 60 YEARSS/O.GOPINATHAN
          NAIR, UDAYA BHAVAN, NAGARUKUZHY, PALAKONAM P.O,
          VENJARAMOOD, THIRUVANANTHAPURAM DISTRICT., PIN -
          695607
          BY ADV ADITHYA RAJEEV
RESPONDENTS:
    1     THE SPECIAL SALE OFFICER PULLAMPARA SERVICE CO-
          OPERATIVE BANK LTD. NO.2429, OFFICE OF THE
          ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL), NEDUMANGAD, THIRUVANANTHAPURAM
          DISTRICT., PIN - 695541
    2     THE PULLAMPARA SERVICE CO-OPERATIVE BANK LTD.
          NO.2429REPRESENTED BY ITS SECRETARY, MUKKUDIL
          P.O, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT.,
          PIN - 695607
          BY ADV A.S. Shammy Raj A.S.
          BY SR.GOVT.PLEADER:MABLE C KURIAN
     THIS    WRIT   PETITION     (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   13.09.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                       Sathish Ninan, J.
                   ----------------------
                   WP(C) No.1079 of 2023
              -------------------------------
         Dated this the 13th day of September, 2023

                             JUDGMENT

Petitioners are faced with an award in ARC

No.1990/2018. Seeking enforcement of the award,

execution proceedings have been initiated. All that the

petitioners pray for is, an easy instalment facility to

wipe off the debt.

2. I have heard the learned counsel on either

sides.

3. On 13/01/2023, this Court had directed the

petitioners to remit an amount of Rs.1,50,000/- within a

period of one month. It is reported that the said

direction has been complied with.

Taking note of the financial constraints pointed

out and also the total amount involved which comes to

approximately Rs.14 lakhs, I am of the opinion that a

reasonable instalment facility can be afforded. WP(C) No.1079 of 2023

Accordingly, the writ petition is disposed of with

the following directions:

(a) Petitioners are permitted to pay off the

entire debt payable to the Bank, inclusive of interests

and costs, in 15 equal monthly instalments commencing

from 26/10/2023.

(b) It is made clear that in case of default in

payment of single instalment, the petitioners will lose

the benefit granted under this judgment and further

proceedings for recovery can go on.

Sd/-

Sathish Ninan, Judge rsr APPENDIX OF WP(C) 1079/2023 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER RULE 81 (B) AND (C) OF KERALA CO-OPERATIVE SOCIETIES RULES, RECEIVED BY THE 1ST PETITIONER DATED 24-11-2022.

Exhibit-P2 A TRUE COPY OF THE DEMAND NOTICE ISSUED UNDER RULE 81 (B) AND (C) OF KERALA CO-OPERATIVE SOCIETIES RULES, RECEIVED BY THE 2ND PETITIONER DATED 24-11-2022.