Shaji. S vs The Sale Officer
2024 Latest Caselaw 11708 Ker

Kerala High Court

Shaji. S vs The Sale Officer on 25 April, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
                        WP(C) NO. 15372 OF 2024
PETITIONER/S:

          SHAJI. S.,
          AGED 68 YEARS,
          S/O. SREENIVASAN, PADINJARE MADAYIL, KOMMADI,
          THUMPOLY P. O., ALAPPUZHA., PIN - 688008
          BY ADVS.
          B.PRAMOD
          BIJU VIGNESWAR
          ATHUL M.V.


RESPONDENT/S:

    1     THE SALE OFFICER
          ALLAPPEY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT
          BANK LTD., ALAPPUZHA P. O, ALAPPUZHA., PIN - 688001
    2     ALLAPPEY CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT
          BANK LTD., ALAPPUZHA P. O ALAPPUZHA. REPRESENTED BY ITS
          SECRETARY., PIN - 688001

          BY ADV VENUGOPALA PANICKER K.N.-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15372 OF 2024

                                          2


                                    JUDGMENT

The petitioner is challenging the recovery

proceedings initiated against him under the Kerala

Co-operative Societies Act, 1969. The petitioner has

availed a credit facility from the respondent Bank

and consequent to the default committed by the

petitioner in repaying the amount, the said account

is declared as NPA. Accordingly, recovery proceedings

have been initiated which is impugned in this writ

petition.

2. Heard.

3. The learned counsel appearing for the Bank

submits that as on date, an amount of Rs.5,47,152/-

is outstanding. It is submitted by the learned

counsel for the Bank upon instructions that they are

amenable for granting an opportunity to the

petitioner to repay the said amount in reasonable

monthly instalments.

In such circumstances, this writ petition is

disposed of granting an opportunity to the petitioner WP(C) NO. 15372 OF 2024

to clear the entire amount along with interest, in

ten equal monthly instalments commencing from

01.06.2024 onwards. The subsequent instalments shall

be paid by the petitioner on first day of every

month. In case of default on the part of the

petitioner in payment of any of the instalments, the

aforesaid facility shall stand cancelled, upon which

the Bank will be at liberty to proceed with the

recovery proceedings. Subject to the above direction,

the recovery proceedings against the petitioner is

directed to be kept in abeyance.

Sd/-

ZIYAD RAHMAN A.A. JUDGE msp WP(C) NO. 15372 OF 2024

APPENDIX OF WP(C) 15372/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PAYMENT RECEIPT DATED 27.10.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE SALE NOTICE DATED 14.02.2024 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.