Kerala High Court
Gopi vs Pullur Service Co-Operative Bank ... on 16 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
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 6094 OF 2024
PETITIONERS:
1 GOPIAGED 68 YEARS, S/O NARAYANAN, AMBALATHUPARAMBIL
HOUSE, PULLUR VILLAGE DESOM, THRISSUR DISTRICT, PIN -
680683
2 VINODINI,AGED 61 YEARS,W/O GOPI, AMBALATHUPARAMBIL
HOUSE, PULLUR VILLAGE DESOM, THRISSUR DISTRICT, PIN -
680683
3 VIDYA,AGED 33 YEARS,D/O GOPI, AMBALATHUPARAMBIL
HOUSE, PULLUR VILLAGE DESOM, THRISSUR DISTRICT, PIN -
680683
4 SHABIN,AGED 40 YEARS,S/O BALAKRISHNAN,
AMBALATHUPARAMBIL HOUSE, PULLUR VILLAGE DESOM,
THRISSUR DISTRICT, PIN - 680683
BY ADVS.JITHIN BABU A, ARUN SAMUEL,
CLETUS THOTTAPILLY, V.K.SAJIV
RESPONDENTS:
1 PULLUR SERVICE CO-OPERATIVE BANK LTD.NO.550.
REPRESENTED BY ITS SECRETARY, PULLUR P.O., THRISSUR
DISTRICT, PIN - 680683
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),KALYAN NAGAR, AYYANTHOLE, THRISSUR,
PIN - 680001
3 ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES,
ADMINISTRATION OFFICE OF THE ASSISTANT REGISTRAR OF
COOPERATIVE SOCIETIES, PIN - 680121
4 SPECIAL SALE OFFICER, KALLUR SCB GROUP, OFFICE OF THE
ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES,
MUKUNDAPURAM THRISSUR DISTRICT, PIN - 680733
BY SRI. P C SASIDHARAN, SC FOR PULLUR SERVICE
CO-OPERATIVE BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).6094 of 2024 2
JUDGMENT
The petitioners are stated to have availed financial
assistance from the 1st respondent bank. It is contended that due to the
financial crisis which has affected the family, they were not able to make
regular remittances by way of repayment. It is contended that they have
now been served with Ext.P1 and P2 notices demanding amounts. They
have been informed that the immovable property mortgaged by them
shall be proceeded with for recovering the amounts. This has led the
petitioners to approach this Court seeing issuance of directions to the
bank to grant the petitioners an opportunity to clear the dues.
2. The learned Standing Counsel appearing for the first
respondent Bank submits that the total outstanding as of date is a sum
of Rs. 52.39 lakhs. Finally, it is submitted that unless if the petitioners
are able to make an afront payment of Rs. 10 lakhs on or before
31.03.2024, the bank is prepared to grant an opportunity to clear out the
outstanding amount but not more than four installments be granted.
3. Upon careful consideration of the submissions made by both
parties, it is evident that the petitioners owe in excess of Rs.52.39 lakhs
st
to the 1 respondent Bank. The respondents, very fairly, have agreed to
permit the petitioners 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 petitioners in discharging their financial obligations to the
1st respondent. This approach is deemed necessary to provide a
structured pathway for the petitioners to clear off their monetary
liabilities in a manageable manner.
4. Resultantly, this writ petition is ordered, and the following
directions are issued:
st
(i) The petitioners shall approach the 1
respondent with a request to inform them of the
details of the outstanding amount together with
interest and other charges due from them 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 1st respondent shall
forthwith issue a statement in writing detailing the
amounts.
(ii) On receipt of such a statement, the petitioners
shall pay the amounts shown therein in fifteen
(15) equal monthly installments commencing from
15.3.2024, and continue to pay the same on every
successive month thereafter until the entire loan is
wiped off.
(iii) If the amounts are diligently paid in terms of
the directions above, coercive proceedings
initiated against them by the respondents for the
realization of the amount shall be kept in
abeyance.
(iv) It is made clear that if the petitioners commit
default of any two installments, they will lose the
benefit of this judgment, and the concerned
respondents will be free to continue the recovery
proceedings against them from the stage at
which they presently stand 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) 6094/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE DATED 05.09.2023 ISSUED
BY THE 4TH RESPONDENT.
Exhibit P2 A TRUE COPY OF THE NOTICE DATED 05.09.2023 ISSUED
BY THE 4TH RESPONDENT DIRECTING THE PETITIONERS TO
PAY RS. 40,05,579/-
Exhibit P3 A TRUE COPY OF THE NOTICE DATED 08.01.2024 ISSUED
BY THE 1ST RESPONDENT.
