Kerala High Court
Sreedevi Mohanan vs State Of Kerala on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 6181 OF 2024
PETITIONERS:
1 SREEDEVI MOHANAN, AGED 63 YEARS, W/O LATE
MOHANAN P.K., PUTHUPARAMBIL HOUSE,
CHERUKULANJI P.O., VADASSERIKKARA , RANNI,
PATHANAMTHITTA DISTRICT., PIN - 689673
2 SIBU MOHANAN, AGED 38 YEARS, S/O LATE MOHANAN P.K.,
PUTHUPARAMBIL HOUSE, CHERUKULANJI P.O.,
VADASSERIKKARA , RANNI, PATHANAMTHITTA,
DISTRICT., PIN - 689673
BY ADVS.
K.N.RADHAKRISHNAN(THIRUVALLA)
AMRUTHA KALYANI P.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY,
DEPARTMENT OF CO-OPERATIVE KERALA, GOVERNMENT
SECRETARIAT, TRIVANDRUM,, PIN - 695001
2 THE SPECIAL SALE OFFICER, FOR ARBITRATION AND
EXECUTION ASSISTANT REGISTRAR (GENERAL) OFFICE
OF THE ASSISTANT REGISTRAR OF CO OPERATIVE
SOCIETIES ( GENERAL) PATHANAMTHITTA, PIN - 689645
3 THE JOINT REGISTRAR (GENERAL), OFFICE OF THE
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
PATHANAMTHITTA, PIN - 689645
4 THE ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
CIVIL STATION, RANNI, PIN - 689672
5 VALIYAKULAM SERVICE CO-OPERATIVE BANK LTD PT 47
CHERUKULANJI P.O., RANNI, REPRESENTED BY ITS
SECRETARY,, PIN - 689673
6 THE SECRETARY, VALIYAKULAM SERVICE CO-OPERATIVE
BANK LTD PT 47, CHERUKULANJI P.O., RANNI,
PATHANAMTHITTA DISTRICT, PIN - 689673
WPC 6181/24
2
BY ADVS.
ANANDHU SATHEESH - R5, R6
SREEDEVI S.(K/767/2020)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 6181/24
3
JUDGMENT
When this matter was called today, the learned Standing Counsel
for the respondent-Bank submitted that the total outstanding in the four
loan accounts of the petitioners - after deducting Rs.50,000/-, which
was paid by them in terms of the earlier interim order of this Court -
comes to Rs.19,87,284/-, as on 31.03.2024, and if they are willing to
pay it off in 18 equal monthly installments, commencing from
15.05.2024, the same can be regulrised.
2. The learned counsel for the petitioner -
Sri.K.N.Radhakrishnan, accepted the afore suggestion.
Taking note of the afore submissions, I allow this Writ Petition,
permitting the petitioner to pay off the aforementioned amount, along
with all applicable charges and interest, in 18 equal monthly
installments commencing from 15.05.2024.
Needless to say, if the amounts as afore are paid by the
petitioners, the account will stand closed and the Bank will return to
them all security documents as are necessary; but, if on the contrary,
any two consecutive installments are defaulted, the benefit of this
judgment will be lost to them and the Bank will be at full liberty to
pursue further action pursuant to Ext.P1 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.P1 will stand deferred.
After I dictated this part of the judgment, learned counsel for the
petitioners submitted that his clients have also requested the Bank to
reduce penal interest.
The learned Standing Counsel for the Bank submitted that if the
petitioners remit at least half of the installments as ordered above, their
request can be considered and they be communicated about any
possible deduction.
The afore is recorded and I clarify that if any deduction is so
made by the Bank, subsequent to the petitioners making payment of at
least half of the installments ordered above, the benefit of the same
shall be modulated into the subsequent installments.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 6181/2024
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF DEMAND NOTICE DATED 03.01.2024
ISSUED BY THE SECOND RESPONDENT TO THE FIRST
PETITIONER
RESPONDENT EXHIBITS
Exhibit R6(a) A true copy of the arbitration award no.
223/2022 dated 28/06/2022
Exhibit R6(b) A true copy of the representation dated
23/10/2022, submitted by the 1st petitioner
before the Minister of Co-operation
Exhibit R6(c) A true copy of the relevant page of the
of the 5th Respondent Bank
