Sosamma Philipose vs The Joint Registrar (General)
2024 Latest Caselaw 13210 Ker

Kerala High Court

Sosamma Philipose vs The Joint Registrar (General) on 23 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       WP(C) NO. 18024 OF 2024
PETITIONER:

            SOSAMMA PHILIPOSE, AGED 69 YEARS
            W/O. PHILIPOSE, RESIDING AT PEZHUMKATTIL HOUSE,
            AMAYANNUR PO., KOTTAYAM DISTRICT., PIN - 686019.

            BY ADVS.
            S.JAYAKRISHNAN
            S.PARAMESWARA PRASAD


RESPONDENTS:

    1       THE JOINT REGISTRAR (GENERAL)
            OFFICE OF JOINT REGISTRAR (GENERAL) THE CO-OPERATIVE
            SOCIETIES, KOTTAYAM., PIN - 686002.

    2       THE ASSISTANT REGISTRAR (GENERAL)
            OFFICE OF THE ASSISTANT REGISTRAR (GENERAL),
            CO-OPERATIVE SOCIETIES, KOTTAYAM., PIN - 686001.

    3       THE SPECIAL SALE OFFICER/CO-OPERATIVE SOCIETIES
            INSPECTOR, KOLLAD SCB GROUP, OFFICE OF THE ASSISTANT
            REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
            KOTTAYAM., PIN - 686001.

    4       THE AREEPARAMPU SERVICE CO-OPERATIVE BANK LTD. NO.1398
            REPRESENTED BY ITS SECRETARY, AREEPARAMPU PO.,
            KOTTAYAM DISTRICT., PIN - 686501.

            BY ADVS.
            ASISH K. JOHN
            K.K.JOHN(K/366/1975)
            SMT.C.S.SHEEJA, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18024 OF 2024
                               -2-

                          JUDGMENT

When this matter was called today, Sri.Asish

K.John - learned counsel for the 4th respondent -

Bank, submitted that, if the petitioner is

interested, she can be allowed to pay off the

total amount in her loan account, which is a sum

of Rs.19,54,032/- as on 18.05.2024, along with

all applicable charges and interest, in

installments, provided she pays an amount of

Rs.2 lakhs on or before 20.06.2024.

2. Sri.S.Jayakrishnan Sukumaran Nair -

learned counsel for the petitioner, accepted the

afore suggestion.

Taking note of the afore submissions, I

allow this writ petition with the following

directions:

(a) The petitioner will pay an amount of

Rs.2 lakhs to the 4th respondent on or before WP(C) NO. 18024 OF 2024

20.06.2024.

(b) If the afore payment is made, then the

petitioner will be at liberty to pay off the

balance amount in her loan account, along with

all applicable charges and interest, in 18 equal

monthly installments, commencing from

20.07.2024.

(c) Needless to say, if the petitioner

continues to pay as afore, all action pursuant

to Ext.P1 will stand deferred; but if she

defaults payment of any two installments as

ordered above, necessary action pursuant thereto

can be taken forward, without having to obtain

further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 18024 OF 2024

APPENDIX OF WP(C) 18024/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF DEMAND NOTICE DATED 10.05.2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 14.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RDRESPONDENT