Radhakrishnan Nair vs The Special Sale Officer
2024 Latest Caselaw 4673 Ker

Citation : 2024 Latest Caselaw 4673 Ker
Judgement Date : 6 February, 2024

Kerala High Court

Radhakrishnan Nair vs The Special Sale Officer 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. 43831 OF 2023


PETITIONERS:

 RADHAKRISHNAN NAIR
 AGED 63 YEARS
 S/O LATE GOPALA PILLAI, KRISHNAVILASAM,
 PALACKATHAKIDI P.O, THIRUVALLA,
 PATHANAMTHITTA DISTRICT, PIN - 689581

 BY ADVS.
 JINU JOSEPH
 MATHEW.K.S.


RESPONDENTS:

1 THE SPECIAL SALE OFFICER
  MALAPALLY CO-OPERATIVE AGRICULTURAL AND
  RURAL DEVELOPMENT BANK NO. PT 234,
  MALAPALLY P.O, PATHANAMTHITTA DISTRICT,
  PIN - 689586

2 MALAPALLY CO-OPERATIVE AGRICULTURAL AND
  RURAL DEVELOPMENT BANK
  NO. PT 234, MALAPALLY P.O,
  PATHANAMTHITTA DISTRICT, REPRESENTED BY
  ITS SECRETARY, PIN - 689586

3 THE SECRETARY
  MALAPALLY CO-OPERATIVE AGRICULTURAL AND
  RURAL DEVELOPMENT BANK NO. PT 234,
  MALAPALLY P.O, PATHANAMTHITTA DISTRICT,
  PIN - 689586
 W.P.(C).43831 of 2023        2




  SRI. VARUGHESE M EASO, SC FOR MALAPPALLY
  CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT
  BANK



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).43831 of 2023                 3




                                  JUDGMENT

The petitioner states that he, along with his wife, had availed of two

agricultural loans from the second respondent bank in the year 2013. The

brother-in-law of the petitioner stood as the guarantor and executed a Gehan in

favor of the Bank. He states that he sustained unexpected losses in his

business and could not effect repayment on time. When default was

committed, he was served with a Ext.P1 sale notice. This has led the petitioner

to approach this Court seeking directions to the respondents to permit the

petitioner to pay the amount in installments.

2. The learned Standing Counsel appearing for the respondent Bank

submitted that the loan was availed in the year 2013 and that the total

outstanding as of the date is in excess of Rs. 13 lakhs. The learned counsel

submitted that the Bank is willing to grant the petitioner an opportunity to clear

the outstanding.

3. Upon careful consideration of the submissions made by both parties, it

is evident that the petitioner owes in excess of Rs.13 lakhs to the 2nd

respondent Bank. The respondents, very fairly, have agreed to permit the

petitioner to settle these debts through a limited number of installments. As a

measure of last resort, I am inclined to issue directions to facilitate the

petitioner in discharging his financial obligations to the 2nd respondent. This

approach is deemed necessary to provide a structured pathway for the

petitioner to clear off his monetary liabilities in a manageable manner.

4. Resultantly, this writ petition is ordered, and the following directions

are issued:

(i) The petitioner shall approach the 2nd respondent with a request to inform him of the details of the outstanding amount together with interest and other charges due from him 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 2nd respondent shall forthwith issue a statement in writing detailing the amounts.

(ii) On receipt of such a statement, the petitioner shall pay the amounts shown therein in twelve (12) equal monthly installments. The first of which shall be payable on 15.03.2024, and the balance shall be paid on every succeeding month.

(iii) If the amounts are diligently paid in terms of the directions above, coercive proceedings initiated against him by the respondents 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, he will lose the benefit of this judgment, and the concerned respondents will be free to continue the recovery proceedings against him from the stage at which he presently stands and recover the entire amount along with interest and other charges.