Kerala High Court
Ajith Kumar E. P vs Department Of Co-Operation on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 12814 OF 2024
PETITIONER/S:
AJITH KUMAR E. P.,
AGED 56 YEARS
S/O. A. N. EESWARA PILLA, MUNDIYAYIL HOUSE, POTHAKUZHY
P.O., PAMPADY, KOTTAYAM, PIN - 686502
BY ADVS.
DENU JOSEPH
MUHISEENA.V.Z
MANJU M.K.
JOYAL P. JOY
RESPONDENT/S:
1 DEPARTMENT OF CO-OPERATION,
JAWAHAR SAHAKARANA BHAVAN, DEPARTMENT OF CO-
OPERATION,DPI JUNCTION, THYCAUD P.O., KERALA -
REPRESENTED BY ITS GOVERNMENT SECRETARY., PIN - 695014
2 SPECIAL SALE OFFICER,
PAMPADY, S.C.B. GROUP CO-OPERATIVE SOCIETY ASSISTANT
REGISTRAR (GENERAL) OFFICE, KOTTAYAM -, PIN - 686521
3 PAMPADY SERVICE CO-OPERATIVE BANK,
NO. 831, HO: SOUTH PAMPADY, KARUKACHAL ROAD KOTTAYAM -
REPRESENTED BY ITS SECRETARY, PIN - 686521
4 OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
KERALA - REPRESENTED BY ITS REGISTRAR, PIN - 695014
BY ADV V.K.PRASAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12814 OF 2024
2
JUDGMENT
The petitioner seeks that the respondent
Bank be directed to restructure his loan
account-consequent to the default of payment
in which, Exts.P3 and P4 Revenue Recovery
notices have been issued.
2. The learned Standing Counsel for the
respondent-Bank, Sri.V.K.Prasad, however,
submitted that, normally, restructuring of
loan accounts is not undertaken by his
client and that the petitioner can be
allowed to pay off the total outstanding
therein-which is to a sum of Rs.26,30,000/-,
as on 31.03.2024-in not more than 18 or 20
equal monthly instalments.
3. Smt.Muhiseena V.Z., learned counsel
for the petitioner however, submitted that
her client may not be in a position to pay
off the entire liability in the afore
WP(C) NO. 12814 OF 2024
manner; and therefore requested liberty for
him to approach the Bank again with an
apposite representation.
4. The learned Standing Counsel for the
respondent Bank did not oppose the afore
course; however prayed that the petitioner
be directed to make her representation at
the earliest.
In the afore circumstances, I allow this
writ petition to the limited extent of
leaving liberty to the petitioner to move
the respondent Bank with appropriate request
- either seeking regularisation, or for
payment of the total outstanding in
instalments-which shall be done not later
than two weeks from the date of receipt of a
copy of this judgment.
On the afore being done, the competent
Authority of the Bank will hear the
WP(C) NO. 12814 OF 2024
petitioner and take a final decision on the
representation; thus communicating its
resultant decision to him without any
avoidable delay.
Needless to say, until such time as the
afore is done and the resultant order
communicated to the petitioner, all further
coercive recovery action pursuant to Exts.P3
and P4 will stand deferred; but can be taken
forward depending upon such decision.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Mn
WP(C) NO. 12814 OF 2024
APPENDIX OF WP(C) 12814/2024
PETITIONER EXHIBITS
Exhibit.P1 TRUE COPY OF THE AWARD WITH ARC NO. 4602/2022
ISSUED BY THE 2ND RESPONDENT DATED 30.12.2022
Exhibit.P2 TRUE COPY OF THE AWARD WITH ARC NO. 2095/2023
ISSUED BY THE 2ND RESPONDENT DATED 14.06.2023
Exhibit.P3 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE
2ND RESPONDENT DATED 20.03.2024 WITH RESPECT
OF LOAN NO. HL 52 HOUSING LOAN
Exhibit.P4 TRUE COPY OF THE DEMAND NOTICE WITH RESPECT
OF LOAN NO. OF 4728 EXTENSION OF THE HOUSING
LOAN ISSUED BY THE 2ND RESPONDENT DATED
20.03.2024
