Kerala High Court
Amina Meerakkutty vs The Assistant Registrar Of ... 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. 8673 OF 2024
PETITIONER:
AMINA MEERAKKUTTY, AGED 93 YEARS
W/O MEERAKKUTTY, MELETHUNJALIL HOUSE, VARAPPETTY
VILLAGE, INJOOR KARA, KOTHAMANGALAM TALUK, PIN - 686691
P.M.RAFEEK
RADHIKA V.R.
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), OFFICE OF THE ASSISTANT REGISTRAR,
KOTHAMANGALAM, PIN - 686691
2 SPECIAL SALE OFFICER, KOZHIPPILLY SCB GROUP, C/O THE
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), KOTHAMANGALAM, PIN - 686691
3 THE CO-OPERATIVE INSPECTOR (ARBITRATION AND EXECUTION)
CO-OPERATIVE ASSISTANT REGISTRAR OFFICE (GENERAL),
KOTHAMANGALM, PIN - 686691
4 KOZHIPPPILLY SERVICE CO-OPERATIVE BANK LTD, E-167,
KOZHIPPILLY, KOTHAMANGALAM, REPRESENTED BY ITS
SECRETARY PIN - 686691
5 THE SECRETARY, KOZHIPPPILLY SERVICE CO-OPERATIVE BANK
LTD, E-167, KOZHIPPILLY, KOTHAMANGALAM, - 686691
ALIAS M. CHERIAN
K.M.RAPHY(K/542/2012)
BRISTO S PARIYARAM(K/1756/2020)
AMEERA JOJO(K/001581/2023)
MINNU DARWIN(K/000631/2023)
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. 8673 OF 2024
2
JUDGMENT
The petitioner has approached this Court seeking a
direction to the third respondent to dispose of Exts.P4 to P6
applications, which, she says, are ones filed to set aside ex parte
Awards against her.
2. However, today, Sri.P.M.Rafeek - learned counsel for the
petitioner, submitted that, pending this matter, Exts.P4 to P6
applications have been dismissed and therefore, that the Awards
are now in force. He then made a submission that if this Court
is so inclined, the Bank may be directed to allow his client to pay
off the entire liability in installments, particularly because she is
now in the winter years of her life.
3. Sri.Alias M. Cherian - learned standing counsel for the
respondent - Bank, in response, submitted that the total amount
under the Award is Rs.22,65,461/- as on 20.03.2024 and that if
the petitioner is so interested, she can approach the Bank with a
representation seeking settlement, so that any eligible
reductions can be given to her and she can also pay off the
amounts in suitable installments.
4. The learned counsel for the petitioner accepted the afore
WP(C) NO. 8673 OF 2024
suggestion.
5. In the afore circumstances, I dispose this writ petition,
leaving liberty to the petitioner to approach the Bank with an
appropriate representation seeking any relief that she may feel
necessary; and if this is done within a period of one month from
the date of receipt of a copy of this judgment, the same shall be
considered after hearing her or her authorised representative,
thus culminating in an appropriate order and necessary action
thereon as expeditiously as is possible.
6. Needless to say, until such time as the afore is done and
the resultant order communicated to the petitioner, all further
recovery action against her based on the Awards shall stand
deferred.
7. I, however, clarify that should the petitioner approach
the Bank for installments, along with all eligible reductions, the
same shall also be considered and she be favoured with the most
suitable structure, so that she will be in a position to pay it off in
terms of law.
As a corollary, I also leave liberty to the petitioner to
approach this Court again in case she requires any further
WP(C) NO. 8673 OF 2024
orders; for which purpose, all contentions in that regard are left
open.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 8673 OF 2024
APPENDIX OF WP(C) 8673/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO. 580/12
DATED 6/03/2012 OF POTHANICADU S.R.O
Exhibit P2 TRUE COPY OF THE NOTICE DATED 2/2/2024
ISSUED BY THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE AWARD DATED 4/10/2021 IN
ARBITRATION CASE (FILE NO.) 2779/2019 PASSED
BY THE 3RD RESPONDENT IN FAVOUR OF THE 4TH
RESPONDENT
Exhibit P4 TRUE COPY OF THE APPLICATION FOR SETTING
ASIDE EXPARTE AWARD DATED 22/2/2024 FILED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE DELAY CONDONATION PETITION
DATED 22/2/2024 FILED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE STAY PETITION DATED
22/2/2024 FILED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
