Dharmarajan vs Registrar Of Co-Operative ...
2023 Latest Caselaw 9832 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. 20880 OF 2023
PETITIONER:
          DHARMARAJANAGED 53 YEARSS/O CHELLAPPAN NEDIYAVILA
          VEEDU AMBALATHUMKALA EZHUKONE KOTTARAKKARA
          KOLLAM, PIN - 691505
          BY ADVS.
          JESSY S.SALIM
          A.D.SHAJAN
RESPONDENTS:
    1     REGISTRAR OF CO-OPERATIVE SOCIETIESJAWAHAR
          SAHAKARANA BHAVAN, THYCAUD P O,
          THIRUVANANTHAPURAM., PIN - 695014
    2     JOINT REGISTRARO/O THE REGISTRAR OF CO-OPERATIVE
          SOCIETIES. JAWAHAR SAHAKARANA BHAVAN, THYCAUD P O
          ,THIRUVANANTHAPURAM., PIN - 695014
    3     ASSISTANT REGISTRARO/O THE ASSISTANT REGISTRAR OF
          CO-OPERATIVE BANK (GENERAL), KOTTARAKKARA KOLLAM
          DISTRICT., PIN - 691506
    4     SPECIAL SALE OFFICERSPECIAL SALE OFFICER,
          EZHUKONE SERVICE CO-OPERATIVE BANK LTD. NO. 2935
          EZHUKONE KOTTARAKKARA, PIN - 691505
    5     EZHUKONE SERVICE CO-OPERATIVE BANK LTD. NO.
          2935 ,REPRESENTED BY IT'S SECRETARY IN
          CHARGEEZHUKONE SERVICE CO-OPERATIVE BANK LTD. NO.
          2935 EZHUKONE KOTTARAKKARA, PIN - 691505
          BY ADV S.SREEKUMAR (KOLLAM)
          BY GOVT.PLEADER:SMT.RESMI
     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.20880 of 2023
              -------------------------------
         Dated this the 13th day of September, 2023

                         JUDGMENT

Petitioner is faced with an award for payment of

Rs.7,09,197/- with interest at the rate of 15%. The

award is now under execution. Petitioner seeks for an

easy instalment facility to wipe off the debt.

2. Heard the learned counsel on both sides.

3. Considering the financial constraints pointed

out and the amount involved, I am of the opinion that a

reasonable instalment facility can be afforded.

Accordingly, the writ petition is disposed of with

the following directions:

(a) Petitioner is permitted to pay off the entire

debt payable to the Bank, inclusive of interests and

costs, in 12 equal monthly instalments commencing from

26/10/2023.

WP(C) No.20880 of 2023

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

payment of single instalment, the petitioner will lose

the benefit of this judgment and further proceedings for

recovery can go on.

Sd/-

Sathish Ninan, Judge rsr APPENDIX OF WP(C) 20880/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AWARD DTD. 31/1/2023 IN ARC NO.4480/2023