Abdul Nazar M vs Asst.Registrar Of Co-Operative ...
2024 Latest Caselaw 10527 Ker

Kerala High Court

Abdul Nazar M vs Asst.Registrar Of Co-Operative ... 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. 37204 OF 2022
PETITIONER:
              ABDUL NAZAR M
              AGED 54 YEARS
              S/O.MAYINKUTTY, MULLAPPILLY, PALAZHI, G.A.COLLEGE P.O.,
              KOZHIKODE, PIN - 673014
              BY ADVS.
              C.S.MANU
              T.B.SIVAPRASAD
              C.A.ANUPAMAN
              DILU JOSEPH
              C.Y.VIJAY KUMAR
              MANJU E.R.
              ANANDHU SATHEESH
              ALINT JOSEPH
              PAUL JOSE


RESPONDENTS:

     1        ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
              OFFICE OF THE ASST.REGISTRAR (GENERAL) OF CO-OPERATIVE
              SOCIETIES, KOZHIKODE, PIN - 673004
     2        SPECIAL SALE OFFICER/ARBITRATOR
              CHEVAYUR SERVICE CO-OPERATIVE BANK GROUP, OFFICE OF THE
              ASST.REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES,
              KOZHIKODE, PIN - 673004
     3        CHEVAYUR SERVICE CO-OPERATIVE BANK LTD.NO.F1245
              HEAD OFFICE NELLIKODE,CHEVARAMBALAM (PO), CALICUT, PIN -
              673017
              BY ADVS.

              M.MANJU(K/003562/1999)

           SRI.R.SUDHISH
       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. 37204 OF 2022
                                          2

                                    JUDGMENT

When this matter was called today,

Sri.R.Sudhish - learned Standing Counsel for the

3rd respondent - 'Chevayur Service Co-operative

Bank Ltd.'("Bank"), submitted that the loan

account of the petitioner involved in this case

can be settled for a total amount of

Rs.18,49,530/-, as on 11.04.2024, along with all

applicable charges and interest, provided same

is paid by him in not more than 18 equal monthly

installments.

2. The learned counsel for the petitioner -

Sri.C.S.Manu, accepted the afore suggestion.

Taking note of the afore submissions and in

order to obtain a balance between the rival

interests of the parties, I allow this writ

petition, permitting the petitioner to pay off

the aforementioned amount, along with all WP(C) NO. 37204 OF 2022

applicable charges and interest, in 18 equal

monthly installments commencing from 01.06.2024.

Needless to say, if the amounts as afore are

paid by the petitioner, the account will stand

closed and the Bank will return to him all

security documents as are necessary; but, if on

the contrary, any two instalments are defaulted,

the benefit of this judgment will be lost to him

and the Bank will be at full liberty to pursue

further action pursuant to Ext.P3, without

having to obtain further orders from this Court.

It is also needless to say, therefore, that

as long as the amounts as afore are paid, all

further action pursuant to Ext.P3 will stand

deferred.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 37204 OF 2022

APPENDIX OF WP(C) 37204/2022

PETITIONER'S EXHIBITS:

Exhibit P-1 TRUE COPY OF THE PLAINT DATED 28-4-2018 IN ARC NO.1747 OF 2018 ON THE FILE OF THE 1ST RESPONDENT Exhibit P-2 TRUE COPY OF THE AWARD DATED 9-7-2018 PASSED BY THE 2ND RESPONDENT Exhibit P-3 TRUE COPY OF THE NOTICE DATED 18-10-2022 IN E.P.NO.3177/2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER