Samasya vs Assistant Registrar Of Co-Operative ...
2024 Latest Caselaw 15756 Ker

Kerala High Court

Samasya vs Assistant Registrar Of Co-Operative ... on 6 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                          WP(C) NO. 37399 OF 2023
PETITIONER:

              SAMASYA
              AGED 44 YEARS
              D/O. LATE SUKUMARAN, OMANGALATH HOUSE, CHALAKUDY, TRISSUR
              DISTRICT, PIN - 680307
              BY ADVS.
              K.RAJESWARY
              ANIL PRABHA.K


RESPONDENTS:

     1        ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY
              ASSISTANT REGISTRAR GENERAL OFFICE, CHALAKUDY, PIN -
              680307
     2        SPECIAL SALES OFFICER
              (CHALAKUDY SCB GROUP) ASSISTANT REGISTRAR OF CO-OPERATIVE
              SOCIETY GENERAL OFFICE, CHALAKUDY, PIN - 680307
     3        THE SECRETARY
              MALA BLOCK TOWN SERVICE CO- CO-OPERATIVE BANK, ALOOR,
              CHALAKUDY, THRISSUR DISTRICT, PIN - 680683
              BY ADVS.
              T.R.HARIKUMAR
              ARJUN RAGHAVAN(K/1277/2012)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37399 OF 2023
                                           2

                                    JUDGMENT

When this matter was called today,

Sri.T.R.Harikuamr - learned counsel for the 3rd

respondent - 'Mala Block Town Service Co-operative

Bank' ("Bank" for short), submitted that, if the

petitioner is interested, she can be allowed to pay

off the overdue amount in her loan account in

installments, so that the said account can then be

regularised. He submitted that the overdue in the

Loan Account of the petitioner, as on 24.04.2024, is

Rs.10,51,986/-; and that if this Court is so

inclined, the petitioner can be allowed to pay off

the said amount in not more than 24 instalments,

provided she pays the same along with regular EMIs

without default.

2. Sri.K.Rajeswary - learned counsel for the

petitioner, submitted that his client accepts the

afore and prayed that this Writ Petition be so

ordered.

WP(C) NO. 37399 OF 2023

3. Taking note of the afore submissions, I allow

this Writ Petition and permit the petitioner to pay

off the overdue amount of Rs.10,51,986/- as on

24.04.2024, along with all applicable charges and

interest, in 24 instalments, commencing from

15.07.2024. These payments shall be made along with

the regular EMIs, without any default in either of

them.

Needless to say, if the overdue amount is paid

by the petitioner as afore, her account will stand

regularised; but should she default in payment of

two instalments, as ordered by this Court, or any of

the regular EMIs, then the benefit of this judgment

will be lost to her; and necessary recovery action

can be continued against her, without the Bank

having to obtain any further orders from this Court.

Sd/-

                                             DEVAN RAMACHANDRAN
  SAS                                                    JUDGE
 WP(C) NO. 37399 OF 2023




                           APPENDIX OF WP(C) 37399/2023


PETITIONER'S EXHIBITS:

Exhibit -P1              A   TRUE   COPY  OF   THE   NOTICE   AND   SALE
                         PROCLAMATION DATED 13/11/2023
Exhibit-P 2              A TRUE COPY OF THE RECEIPT DATED 3/11/2023