Kerala High Court
Thresiamma Abraham vs Special Sale Officer on 1 August, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WP(C) NO. 11793 OF 2024
PETITIONERS:
1 THRESIAMMA ABRAHAM
AGED 71 YEARS
W/O LATE A.K. ABRAHAM, ANITHOTTATHIL HOUSE,
KAROOR.P.O., PALA., PIN - 686574
2 THOMASKUTTY ABRAHAM
AGED 50 YEARS
S/O LATE A.K. ABRAHAM, ANITHOTTATHIL HOUSE,
KAROOR.P.O., PALA., PIN - 686574
3 ANJU THOMAS
AGED 40 YEARS
W/O THOMASKUTTY ABRAHAM, ANITHOTTATHIL HOUSE,
KAROOR.P.O., PALA., PIN - 686574
BY ADVS.
PAUL ABRAHAM VAKKANAL
ABRAHAM VAKKANAL (SR.)
VINEETHA SUSAN THOMAS
ANIRUDH INDUKALADHARAN
RESPONDENTS:
1 SPECIAL SALE OFFICER
THALAPPALAM SCB GROUP,
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), MEENACHIL, PALA., PIN - 686575
2 THE VALAVOOR SERVICE CO-OPERATIVE BANK LTD. NO. K 91
VALLICHIRA POST, VALAVOOR, KOTTAYAM,
REPRESENTED BY ITS SECRETARY., PIN - 686635
BY ADVS.
SHAJI THOMAS
JEN JAISON(K/000208/2017)
SRI. JUSTINE JACOB -SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11793 OF 2024
2
JUDGMENT
Dated this the 1st day of August, 2024
The above writ petition is filed seeking for a direction to
quash Exhibits P1 to P6 demand notices issued by the first
respondent.
2. The brief facts of the case are as follows:
The petitioners 2 and 3 had availed 3 bank loans totalling
to an amount of Rs.45 Lakhs from the second respondent Bank
by mortgaging the property belonging to the first petitioner.
On committing default in payment of the said loan accounts, the
second respondent had initiated arbitration proceedings as ARC
Nos. 2090, 2066 and 2071 of 2022 and obtained awards.
Thereafter, notices were issued to the petitioners demanding
the outstanding amounts totalling to Rs.1,05,43,443/- as on
16.02.2024. Pursuant to the interim order of this Court dated
21.03.2024, the petitioners remitted an amount of
Rs.15,00,000/-.
3. The learned Standing Counsel for the second
respondent submitted that though it is stated that Rs.15 lakhs
WP(C) NO. 11793 OF 2024
was remitted by the first petitioner, the second respondent is
not aware of the remittance of these amounts and passing of
the interim order dated 21.03.2024.
4. The learned counsel for the petitioners submits that
they may be permitted to clear the entire liability in 30 equal
monthly installments. The learned Standing Counsel for the
second respondent bank submits that, if the petitioners would
remit the entire amount in ten equal monthly installments, the
instalment facility can be granted to them.
However, considering the fact that the total outstanding
amount is Rs.1,05,43,443/-, as on 16.02.2024, I am of the
opinion that the writ petition can be disposed of by directing
the petitioners to remit the amounts in twenty equal monthly
instalments.
Accordingly, the writ petition is disposed of as follows:
(i) The petitioners are permitted to remit the
total outstanding amount of Rs.1,05,43,443/- as on
16.02.2024, along with future interest and costs in
twenty equal monthly installments commencing
from 01.09.2024. The subsequent installments shall
be paid on the first day of each succeeding month.
WP(C) NO. 11793 OF 2024
(ii) In case the petitioners make a default in
payment of any one of the installments as aforesaid,
the respondents will be free to proceed with, in
accordance with law.
(iii) In order to enable the petitioners to repay
the amount as above, coercive steps pursuant to
Ext.P1 to P6 shall be kept in abeyance.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
WP(C) NO. 11793 OF 2024
APPENDIX OF WP(C) 11793/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE NO.
E.A.NO. 74/2024 DT. 16-2-2024 ISSUED
TO THE 3RD PETITIONER.
Exhibit P2 TRUE COPY OF THE DEMAND NOTICE NO.
E.A.NO. 74/2024 DT. 16-2-2024 ISSUED
TO THE 1ST PETITIONER.
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE NO.
E.A.NO. 72/2024 DT. 16-2-2024 ISSUED
TO THE 2ND PETITIONER.
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE NO.
E.A.NO. 72/2024 DT. 16-2-2024 ISSUED
TO THE 1ST PETITIONER.
Exhibit P5 TRUE COPY OF THE DEMAND NOTICE NO.
E.A.NO. 71/2024 DT. 16-2-2024 ISSUED
BY R1 IN RESPECT TO LOAN NO. DL 5364
TO THE 3RD PETITIONER.
Exhibit P6 TRUE COPY OF THE DEMAND NOTICE NO.
E.A.NO. 71/2024 DT. 16-2-2024 ISSUED
BY R1 IN RESPECT TO LOAN NO. DL 5364
TO THE 1ST PETITIONER.
Exhibit P7 TRUE COPY OF THE FIXED DEPOSIT RECEIPT
DT. 3-10-2023 FOR A/C NO.
0511000030562 IN RESPECT OF THE 1ST
PETITIONER.
RESPONDENT EXHIBITS
Exhibit R2(a) True photocopy of the Award dated
29.07.2022 in A.R.C No. 2090/2022
Exhibit R2(b) True photocopy of the Award dated
29.07.2022 in A.R.C No. 2066/2022
Exhibit R2(c) True photocopy of the Award dated
29.07.2022 in A.R.C No. 2071/2022
