Kerala High Court
Nabeesa K K vs Assistant Registrar Of Co-Operative ... on 6 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 32374 OF 2023
PETITIONER:
NABEESA K K
AGED 50 YEARS
KALATHIPARAMBIL (H),
THALIKULAM, CHAVAKKAD,
THRISSUR, PIN - 680569
BY ADV K.R.PRATHISH
RESPONDENTS:
1 ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES(GENERAL)
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES CHAVAKKAD,
FRIENDSHIP NAGAR, CHAVAKAD THRISSUR,
PIN - 680506
2 NATTIKA FIRKA CO-OPERATIVE BANK LTD.,NO.F.1251
THALIKKULAM BRANCH, THALIKULAM,
CHAVAKKAD, THRISSUR REP BY ITS SECRETARY,
PIN - 680569
BY SRI. M SASINDRAN, SC FOR NATTIKA FIRKA
CO-OPERATIVE BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32374 OF 2023 2
JUDGMENT
The petitioner states that she obtained a mortgage loan for a sum
of Rs.13,60,000/- from the respondent Bank. She states that her husband
lost his job, severely impacting their finances, which consequently led to
her inability to make the remittance on time. Arbitration proceedings have
been initiated, and Ext.P1 ex parte award has been passed. She has now
been issued with Ext.P2 notice threatening the sale of the mortgaged
property. The petitioner states that she had already approached the
Arbitration Court and filed an Ext.P3 application to set aside the ex-parte
award, and the same is pending. It is on these assertions that this writ
petition is filed seeking relief.
2. The learned counsel appearing for the petitioner submitted
that the petitioner is prepared to remit the overdue amount in installments
and requests that direction be issued to the respondents to regularise the
loan account.
3. The learned standing Counsel appearing for the respondent
Bank submits that the total overdue as of date is Rs. 15,64,851/- and the
total outstanding amount as of date is Rs. 18,89,919/-. It is submitted that
the Bank is willing to grant the petitioner an opportunity to regularise the
loan by paying the overdue amount in not more than ten installments.
4. I have considered the submissions advanced.
5. From the submissions made by both sides, it appears that the
total overdue amount as of date due from the petitioner is Rs.15,64,851/-.
As the respondents have not objected to granting an installment facility to
the petitioner to clear off the dues, I am of the view that necessary
directions can be issued to enable the petitioner to clear the overdue
amount to the respondent.
6. Resultantly, this writ petition is ordered, and the following
directions are issued:
(i) The petitioner shall approach the respondent Bank with a
request to inform her of the details of the overdue amount,
together with interest and other charges due from her in
respect of the loan account. If such a request is made
within two weeks from the date of receipt of a copy of this
judgment, the respondent Bank shall forthwith issue a
statement in writing detailing the amount due to clear the
overdue amount.
(ii) On receipt of such a statement, the petitioner shall pay the
overdue amount shown therein in fifteen (15) equal
monthly installments commencing from 15.03.2024 and
continue to pay the same on every successive month
thereafter until the entire loan is wiped off. In addition, the
petitioner shall continue to pay the regular installments as
and when the amounts become due.
(iii) If the amounts are diligently paid in terms of the directions
above, coercive proceedings initiated against her by the
respondent for the realization of the amount shall be kept
in abeyance.
(iv) It is made clear that if the petitioner commits default of
any two installments, she will lose the benefit of this
judgment, and the respondents will be free to continue the
recovery proceedings against her from the stage at which
she presently stands and recover the entire amount along
with interest and other charges.
(v) It is further made clear that no application for an extension
of time will be entertained.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DCS
APPENDIX OF WP(C) 32374/2023
PETITIONER EXHIBITS
Exhibit TRUE COPY OF THE AWARD DATED 12.02.2021 IN ARC
P1 104/20 FILED BY THE 2ND RESPONDENT BEFORE 1ST
RESPONDENT
Exhibit TRUE COPY OF THE DEMAND NOTICE DATED 23-05-2023
P2 ISSUED BY SPECIAL SALE OFFICER OF 2ND RESPONDENT
Exhibit TRUE COPY OF THE PETITIONS DATED 05.08.2023 IN ARC
P3 104/20 FILED BY THE PETITIONERS BEFORE 1ST
RESPONDENT
