K.A.Mathew vs The Authorized Officer, Malanadu ...
2024 Latest Caselaw 6070 Ker

Kerala High Court

K.A.Mathew vs The Authorized Officer, Malanadu ... 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. 2751 OF 2024
PETITIONER/S:

          K.A.MATHEW
          AGED 56 YEARS
          S/O.K.M.AUGUSTY, KUNNEL HOUSE, KOCHARA P.O., KOCHARA,
          VANDANMEDU, IDUKKI DISTRICT, PIN - 685551
          BY ADV SUBI K.


RESPONDENT/S:

          THE AUTHORIZED OFFICER, MALANADU CO-OPERATIVE
          AGRICULTURAL AND RURAL DEVELOPMENT BANK
          NO.K 352, NEDUMKANDAM, VANDAMMEDU, IDUKKI DISTRICT, PIN
          - 685551
          BY ADVS.
          JASMINE V.H.
          RAHMATH C.A.(K/845/2004)
          THOMAS P.MATHEWS(K/1059/2006)
          SUMAYYA K.B.(K/1752/2023)
          SATHEESH P. MATHEWS(K/003584/2023)


     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.2751 of 2024
                                       2




                              JUDGMENT

The petitioner availed a loan from the respondent

bank. On default being committed, proceedings have been

initiated against the petitioner under the provisions of the

Kerala Co-operative Societies Act, 1969 and an award was

obtained determining the amounts payable by the petitioner.

The petitioner has, therefore, approached this Court filing the

above writ petition.

2. The learned counsel appearing for the

petitioner would submit that the only relief sought for by the

petitioner is for a permission to clear the liability in some

instalments.

3. The learned counsel appearing for the

respondent bank submits that, as on 14.02.2024, the total

outstanding amount is Rs.7,83,963/- (Rupees Seven lakh

Eight Three Thousand Nine Hundred and Sixty Three only).

He states that some instalments can be granted to the

petitioner.

In the result, the writ petition is disposed of with

the following directions:

(i) The outstanding amount of Rs.7,83,963/-

(Rupees Seven lakh Eight Three Thousand Nine Hundred and

Sixty Three only) along with any accrued interest/costs shall

be repaid in twelve (12) 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) In the event of default of any one instalment,

the respondent bank shall be entitled to proceed in

accordance with law.

(iv) In order to enable the petitioner to repay the

entire amounts, all coercive proceedings shall be kept in

abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P., JUDGE rkj

APPENDIX OF WP(C) 2751/2024

PETITIONER EXHIBITS Exhibit- P1 TRUE COPY OF THE NOTICE DATED 23/11/2023, ISSUED BY THE RESPONDENT BANK, TO THE PETITIONER Exhibit -P2 TRUE COPY OF THE RECEIPT DATED 07-02-2024 ISSUED BY THE RESPONDENT BANK