Kerala High Court
Vanajakumari vs Special Sale Officer on 27 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 9202 OF 2024
PETITIONERS:
1 VANAJAKUMARI, AGED 59 YEARS, D/O. M.G. RAMAKRISHNAN
NAIR, THULASI MANDIRAM HOUSE, MALLAPPALLY EAST KARA,
MALLAPPALLY VILLAGE, MALLAPPALLY TALUK.
PATHANAMTHITTA DISTRICT, PIN - 689584
2 ANJU S. NAIR, AGED 35 YEARS, D/O. C.G. SIVARAJAN
NAIR, THULASI MANDIRAM HOUSE, MALLAPPALLY EAST KARA,
MALLAPPALLY VILLAGE, MALLAPPALLY TALUK.
PATHANAMTHITTA DISTRICT., PIN - 689584
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
ROSHIN MARIAM JACOB
SAI KRISHNAN UNNITHAN V.
RESPONDENTS:
1 SPECIAL SALE OFFICER, ASSISTANT REGISTRAR (GENERAL)
CO-OPERATIVE SOCIETIES, ARBITRATION & EXECUTION
INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR
(GENERAL) CO-OPERATIVE SOCIETIES, THIRUVALLA.
PATHANAMTHITTA DISTRICT, PIN - 689101
2 MALLAPPALLY SERVICE CO-OPERATIVE BANK LTD NO. 155
REPRESENTED BY ITS SECRETARY, KEEZHVAYPUR MAIN
BRANCH, KEEZHVAYPUR P.O, PATHANAMTHITTA DISTRICT.,
PIN - 689587
3 SECRETARY, MALLAPPALLY SERVICE CO-OPERATIVE BANK LTD
NO. 155, KEEZHVAYPUR MAIN BRANCH, KEEZHVAYPUR P.O,
PATHANAMTHITTA DISTRICT., PIN - 689587
BY ADVS.
SRI.SUBHASH CHAND - R2, R3
SMT MABLE C KURIEN-SR.GP-R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 9202/24
2
JUDGMENT
The limited plea of the petitioners in this Writ Petition is
that the 2nd respondent be directed not to pursue any coercive
action against them for recovery of two loan accounts availed of
by them individually, asserting that they are trying their best to
sell other properties and liquidate it. They explain that the first
among them is suffering from cancer, requiring urgent requisite
medical treatment; and that, therefore, they have taken steps to
have some other properties sold, so as to liquidate the loan
accounts, as also to meet the treatment expenses.
2. In response to the afore submissions of Sri.Haridas P. -
learned counsel for the petitioners, the learned Standing Counsel
for the respondent-Bank - Sri.Subhash Chand, submitted that, if
the petitioners are willing to pay off the entire outstanding in the
loan accounts within four months, his client will not stand in the
way of appropriate orders being issued by this Court. He added
that the total outstanding in the loan of the 1 st petitioner, as on
27.10.2022, is Rs.40,60,183/-; while that of the 2 nd petitioner is
Rs.47,47,110/-. He added that the Bank has obtained Awards from
the competent Arbitrator against the petitioners; and hence, that
their only option is to pay off the entire liability, either within the
afore time frame or earlier.
3. In reply, Sri.Haridas P. submitted that his clients' intent
is not to evade payment, but honour it, for which, they require at
least four months time to find a buyer for their property.
In the afore circumstances, I allow this Writ Petition to the
limited extent of directing the respondents not to proceed against
the property of the petitioners until 31.07.2024; within which
time, the petitioners will be at liberty to pay off the total
outstanding in the two loan accounts. I also leave them liberty of
moving the Bank appropriately for obtaining all eligible
concessions, including under any One-Time-Settlement scheme, if
any, which will be made available to them subject to the
requirements in law; but the payments shall be effected within the
afore time frame.
It also goes without saying that, if the petitioners do not
abide by the directions in this judgment, then the benefits
hereunder will be lost to them and the Bank will be at full liberty
to initiate and pursue further recovery action against them,
however, subject to law and following due procedure, without
having to obtain any further orders from this Court.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 9202/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE STATEMENT OF ACCOUNT OF
THE LOAN AVAILED BY THE 1ST PETITIONER
FROM 1.1.2012 TO 25.9.2023
Exhibit P2 TRUE COPY OF THE STATEMENT OF ACCOUNT OF
THE LOAN AVAILED BY THE 2ND PETITIONER
FROM 1.1.2012 TO 25.9.2023
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE 1ST RESPONDENT TO THE 1ST PETITIONER
IN EA NO. 46/2022 DATED 27.10.2022
Exhibit P4 TRUE COPY OF THE DEMAND NOTICE ISSUED BY
THE 1ST RESPONDENT TO THE 2ND PETITIONER
IN EA NO. 45/2022 DATED 27.10.2022
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONERS BEFORE THE 2ND
RESPONDENT DATED 23.02.2024
