Kerala High Court
Thomas vs Assistant Registrar (Arbitrator) on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 12339 OF 2024
PETITIONERS:
1 THOMAS
AGED 70 YEARS
S/O.CHERIYA, ENCHIPARAMBIL HOUSE,THANNIPUZHA, OKKAL,
CHELAMTTOM, ERNAKULAM, PIN - 683550
2 ROBIN THOMAS
AGED 44 YEARS
S/O.THOMAS, ENCHIPARAMBIL HOUSE, THANNIPUZHA, OKKAL,
CHELAMTTOM, ERNAKULAM, PIN - 683550
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENTS:
1 ASSISTANT REGISTRAR (ARBITRATOR)
OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KUNNATHNADU, PERUMBAVOOR, ERNAKULAM, PIN - 683542
2 OKKAL SERVICE CO-OPERATIVE BANK
M.C ROAD, OKKAL.PO, PERUMBAVOOR, ERNAKULAM. REPRESENTED BY
ITS SECRETARY, PIN - 683550
BY ADVS.
M.PAUL VARGHESE
M.M.MONAYE(K/182/1984)
K.V.SANOSH(K/144/2012)
ANJANA SUGUNAN(K/003577/2022)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12339 OF 2024
2
JUDGMENT
The learned counsel for the petitioner submits that his
client is in extreme financial crisis and has now suffered stroke,
thus rendering him totally incapacitated; and hence, that it is
necessary to direct the respondent - Bank to allow him to pay off
the entire loan liability either in installments; or in lumpsum -
provided he is given sufficient time.
2. The learned Standing Counsel for the respondent -
Bank - Sri.Paul Varghese; however, submitted that the property
of the petitioner has already been sold and confirmed in favour of
his client; and hence that if any latitude is to be shown to him, he
must pay the total amount, along with all applicable charges and
interest, as also the reconveyance charges, in one go, for which,
not more than five months can be granted. He added that, if the
petitioner is to pay the entire amount within the afore time
frame, the property can be reconveyed to him, for which, he will
have to suffer the expenses.
3. Sri.S.Sunil Kumar - learned counsel for the
petitioner acceded to the afore suggestion.
4. In the afore circumstances, I order this writ
petition, granting liberty to the petitioner to pay the amount of
Rs.28,02,928/-, stated it to be the total outstanding as on the date
WP(C) NO. 12339 OF 2024
of sale - namely 26.09.2023, along with all applicable charges
and interests, including documentation charges; and if this is
done, then the Bank will reconvey the property to the petitioner
at his expense, without any avoidable delay thereafter.
Needless to say, if the petitioner refuses or fails to abide
by the afore directions, the Bank will be at liberty to deal with
the property in any manner that they want; and I record the
submissions of the learned Standing Counsel that it has also been
issued with a sale certificate, consequent to the sale earlier.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 12339 OF 2024
APPENDIX OF WP(C) 12339/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELATIONSHIP CERTIFICATE NO-79533743
ISSUED FROM THE CHELAMTTOM VILLAGE OFFICE DATED 23.07.2023
Exhibit P2 TRUE COPY OF THE AWARD IN ARC NO-44/2019 DATED 28.01.2019
PASSED BY THE RESPONDENT NO-1
Exhibit P3 TRUE COPY OF THE PETITION TO SET ASIDE THE EX-PARTE AWARD
IN ARC NO-44/2019 FILED BY THE PETITIONERS BEFORE
RESPONDENT NO-1 DATED 20.03.2024
Exhibit P4 TRUE COPY OF THE NOTICE IN EA NO-23/2024 IN EP NO-46/2021
IN ARC NO-44/2019 OF HONBLE SUB COURT PERUMBAVOOR DATED
27.02.2024
