Kerala High Court
Premkumar vs The Mundiappally Service Co-Operative ... on 3 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 13 OF 2024
PETITIONER:
PREMKUMAR, AGED 59 YEARS
S/O RAMAKRISHNAN, MANGALATHU, VELUKKAVIL HOUSE,
KUNNAMTHANAM.P.O., MALLAPPILLY, PATHANAMTHITTA
DISTRICT,, PIN - 689581
BY ADVS.
K.G.CLEETUS
N.V.PAUL
RESPONDENTS:
1 THE MUNDIAPPALLY SERVICE CO-OPERATIVE BANK LTD. NO.A9
MUNDIAPPALLY.P.O., THIRUVALLA, PATHANAMTHITTA,
REPRESENTED BY ITS SECRETARY, PIN - 689581
2 JOINT REGISTRAR (GENERAL) (CO-OPERATION)
OFFICE OF THE JOINT REGISTRAR (GENERAL) (CO-OPERATION),
4TH FLOOR, MINI CIVIL STATION, PATHANAMTHITTA,, PIN -
689645
3 ASSISTANT REGISTRAR (GENERAL)
OFFICE OF THE ASSISTANT REGISTRAR GENERAL, CO-OPERATIVE
SOCIETY, REVENUE TOWER, IVTH FLOOR, THIRUVALLA,
PATHANAMTHITTA,, PIN - 689101
4 INSPECTOR/SPECIAL SALE OFFICER
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL),
CO-OPERATIVE SOCIETIES, THIRUVALLA, PATHANAMTHITTA,,
PIN - 689101
BY ADV VISHNU B.KURUP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13 OF 2024
2
JUDGMENT
The limited plea of the petitioner is that the respondent -
Bank be directed to allow him one month's time to pay off the
entire liability in the loan account saying that he has already
found another Bank to take over the said liability.
2. Sri.Vishnu B.Kurup - learned standing counsel for the
Bank, did not oppose the afore request, however, adding that no
further time be granted to the petitioner. He added that the
total outstanding in the loan account as on 02.04.2024 is
Rs.20,46,360/- along with applicable charges and interest.
3. In the afore circumstances, I allow this writ petition
directing the first respondent - Bank to defer all coercive action
against the petitioner for a period of one month from the date of
receipt of a copy of this judgment, within which time, he will be
at liberty to pay off the entire liability in any manner that he
may choose fit.
Needless to say, if the afore directions are violated, the
benefit under this judgment will be lost to the petitioner and the
Bank will be at full liberty to initiate and pursue recovery action
against him as per law following due procedure.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 13 OF 2024
APPENDIX OF WP(C) 13/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CASE SUMMARY AND CARDIAC
CATHETERIZATION REPORT (IP NO.22662) DATED
10.4.2023 ISSUED FROM DEPARTMENT OF
CARDIOLOGY, GOVERNMENT MEDICAL COLLEGE,
KOTTAYAM TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE APPLICATION FILED UNDER
THE RIGHT TO INFORMATION ACT TO THE 1ST
RESPONDENT DATED 7.10.2022
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY
PETITIONER BEFORE THE 2ND RESPONDENT DATED
7.10.2022
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED
BEFORE THE 3RD RESPONDENT BY PETITIONER
DATED 7.10.2022
Exhibit P5 TRUE COPY OF THE REPLY DATED 20.10.2022
ISSUED BY THE 1ST RESPONDENT BANK TO THE
PETITIONER
Exhibit P6 TRUE COPY OF THE LETTER NO. CRP(2)
1865/2022 DATED 20.10.2022 ISSUED BY THE
2ND RESPONDENT TO THE PETITIONER
Exhibit P7 TRUE COPY OF THE REPLY LETTER
NO.ARGTVA/341/2022-UI(2) DATED 3.10.2022
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
Exhibit P8 TRUE COPY OF THE OFFICE ORDER NO.C.P.(5)
7779/2022 DATED 6.9.2022 ISSUED BY
REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM
Exhibit P9 TRUE COPY OF THE NOTICE DATED 24.9.2022
ISSUED BY 1ST RESPONDENT TO THE PETITIONER
Exhibit P10 TRUE COPY OF THE AWARD DATED 18-12-2015 IN
ARC 251/15 RECEIVED BY PETITIONER UNDER
RIGHT TO INFORMATION ACT FROM THE OFFICE
OF THE 3RD RESPONDENT
WP(C) NO. 13 OF 2024
Exhibit P11 TRUE COPY OF THE RECEIPT NO.1879 DATED
12.7.2023 ISSUED BY 1ST RESPONDENT TO THE
PETITIONER
Exhibit P12 TRUE COPY OF THE NOTICE (EP NO.133/16)
DATED 16.11.2023 ISSUED BY 4TH RESPONDENT
TO THE PETITIONER
