Kerala High Court
Janaki Viswanathan vs The Registrar Of Co-Operative ... on 23 February, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 2961 OF 2024
PETITIONER/S:
1 JANAKI VISWANATHAN
AGED 75 YEARS
W/O VISWANATHAN
'POVIL KANDENGATHU HOUSE'
NEAR MKK PETROL PUMP
KAIPARAMBA,
THRISSUR,
PIN - 680546
2 JIJU
AGED 39 YEARS
S/O VISWANATHAN
'POVIL KANDENGATHU HOUSE'
NEAR MKK PETROL PUMP
KAIPARAMBA,
THRISSUR,
PIN - 680546
BY ADVS.
S.SHANAVAS KHAN
S.INDU
KALA G.NAMBIAR
RESPONDENT/S:
1 THE REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL)
OFFICER OF THE REGISTRAR OF
CO-OPERATIVE SOCIETIES
JAVAHAR SAHAKARANA BHAVAN DPI JUNCTION,
THYCAUD (PO)
THIRUVANANTHAPURAM,
PIN - 695014
2 THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL)
MEHFIL, SAHAKARANA NAGAR,
KALYAN NAGAR AYYANTHOLE,
THRISSUR,
PIN - 680003
WP(C)No.2961 of 2024
2
3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL)
MEHFIL, SAHAKARANA NAGAR,
KALYAN NAGAR AYYANTHOLE,
THRISSUR, PIN - 680003
4 THE SPECIAL SALE OFFICER
THRISSUR SCB GROUP OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES
THRISSUR, PIN - 680003
5 THRISSUR SERVICE CO-OPERATIVE BANK
LTD.NO.R1097,
THRIRUVAMBADI P.O.
PATTURAIKKAL, THRISSUR
REPRESENTED BY ITS BRANCH MANAGER,
PIN - 680022
6 THE BRANCH MANAGER
THRISSUR SERVICE CO-OPERATIVE
BANK LTD.NO.R1097,
THRIRUVAMBADI P.O.
PATTURAIKKAL, THRISSUR,
PIN - 680022
BY ADVS.
A.D.RAVINDRA PRASAD
ALEX VARGHESE(K/000320/1987)
A.D.CHANDRA BOSE(MAH/685-B/1988)
OTHER PRESENT:
SMT.MABLE C KURIAN (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.2961 of 2024
3
JUDGMENT
The first petitioner availed mortgage loan of Rs.25
lakhs on 10.03.2018 from the fifth respondent. The term of
the loan was for a period of ten years. As there was default
in repayment of the amounts in terms of the agreement, the
fifth respondent bank initiated arbitration proceedings and
an award was obtained under Section 69 of the Kerala
Co-operative Societies Act determining the amounts
payable by the petitioner. Thereafter the petitioners were
issued with a notice informing the petitioners that the
property of the petitioners, which was mortgaged, would be
sold for the purposes of recovery of the amounts due. The
property was sold on 30.12.2023 and was purchased by the
bank for a sum of Rs.90 lakhs. The sale has, however, not
been confirmed on account of the interim order in this case.
The perusal of the pleadings in the writ petition will
indicate that the writ petition is filed essentially seeking
time to clear off the liability.
2. The learned counsel appearing for the fifth
respondent bank would submit that, as on today, the
outstanding amount is Rs.85,53,904/- (Rupees Eight Five
lakh Fifty Three Thousand Nine Hundred and Four only)
while the overdue amount is Rs.54,91,475/- (Rupees Fifty
Four lakh Ninety One Thousand Four Hundred and Seventy
Five only). It is submitted that though the sale has been
conducted and the bank has purchased the property since
the sale has not been confirmed, the bank has no objection
in regularising the loan account of the petitioner by
accepting the overdue amount in some instalments.
3. The learned counsel appearing for the
petitioners would submit that the petitioners may be
granted atleast twenty instalments to clear the overdue
amount. This request is opposed by the learned counsel
appearing for the fifth respondent bank.
In the result, the writ petition is disposed of with
the following conditions:
(i) The overdue amount of Rs.54,91,475/-
(Rupees Fifty Four lakh Ninety One Thousand Four
Hundred and Seventy Five only) together with any accrued
interest and charges shall be repaid in fifteen (15) equated
monthly instalments.
(ii) The first instalment shall be paid on or before
15.03.2024 and subsequent instalments shall be paid on or
before the 15th day of every succeeding months.
(iii) Petitioners shall continue to pay the regular
EMIs along with the instalments as directed above.
(iv) In the event of default of any one instalment,
the respondent bank shall be entitled to proceed further for
confirmation of sale, in accordance with the law.
(v) In order to enable the petitioners to repay
the amounts as directed, all further proceedings shall be
kept in abeyance.
The writ petition is disposed of as above. Since
sufficiently large number of instalments have already been
granted to the petitioners to pay the overdue amount and to
regularize the loan account, it is made clear that no further
extension of time will be granted to the petitioners under
any circumstances.
Sd/-
GOPINATH P., JUDGE
rkj
APPENDIX OF WP(C) 2961/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF LOAN
LEDGER EXTRACTS ISSUED BY THE 5TH
RESPONDENT EVIDENCING THE DISBURSEMENT OF
LOAN TO 2ND PETITIONER AS WELL AS ITS
REPAYMENT
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF LOAN
LEDGER EXTRACTS ISSUED BY THE 5TH
RESPONDENT EVIDENCING THE DISBURSEMENT OF
LOAN TO 1ST PETITIONER AS WELL AS ITS
REPAYMENT
Exhibit P3 TRUE COPY OF THE CERTIFICATE DATED
10/01/2024 ISSUED BY DR.ASHOK VARMA,
UNITY HOSPITAL PRIVATE LTD., KUNNAMKULAM
Exhibit P4 TRUE COPY OF THE SALE NOTICE IN FORM NO.8
DATED 23/11/2023 ISSUED BY THE 4TH
RESPONDENT
Exhibit P5 TRUE COPY OF THE SALE NOTICE IN FORM NO.9
DATED 23/11/2023 ISSUED BY THE 4TH
RESPONDENT
Exhibit P6 TRUE COPY OF THE LETTER DATED 20/09/2023
SUBMITTED BY PETITIONERS BEFORE THE 4TH
RESPONDENT
Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED
30/12/2023 OF THE 4TH RESPONDENT TO THE
SECOND PETITIONER
Exhibit P8 TRUE COPY OF THE CIRCULAR NO.38/2023
DATED 31/10/2023 OF THE FIRST RESPONDENT
