Kerala High Court
Liakath C.A vs Pathiyoor Farmers Service ... 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. 15444 OF 2024
PETITIONER:
LIAKATH C.A
AGED 68 YEARS
S/O LATE ABDUL KHADER KUNJU, R/O CHAYAKARAN PARAMPIL,
NEAR MUHIYUDEEN MASJID, PATHIYOOR, KAYAMKULAM,
ALAPPUZHA, PIN - 690502
BY ADVS.
M.K.CHANDRA MOHANDAS
HARIKRISHNAN M.S.
SHAKTHI PRAKASH
K.DHRUV KUMAR
PRATHEEK VISWANATHAN
RESPONDENTS:
1 PATHIYOOR FARMERS SERVICE CO-OPERATIVE BANK
HEAD OFFICE, PATHIYOOR, KEERIKAD P.O, KAYANKULAM,
ALAPPUZHA. REPRESENTED BY THE MANAGING DIRECTOR,
PIN - 690508
2 ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE
SOCIETIES, KARTHIKAPALLY, HARIPAD, ALAPPUZHA,
PIN - 690514
BY ADV ARUN CHANDRAN
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. 15444 OF 2024 2
JUDGMENT
When this matter was called today, Sri.Arun Chandran - learned
Standing Counsel for the 1st respondent - Bank, submitted that, the total
outstanding in the loan account of the petitioner, as on 23.05.2024 is
Rs.35,69,453/-; and that if he is willing to pay the same in not more than
18 equal monthly installments, his client will not stand in the way of this
Court disposing of this writ petition on such terms.
2. Sri.M.K.Chandra Mohandas - learned counsel for the petitioner,
fully agreed to the afore and prayed that this writ petition be thus
ordered.
In the afore circumstances, I allow this writ petition, granting
liberty to the petitioner to pay the total outstanding amount in the loan
account, namely, Rs.35,69,453/- as on 23.05.2024, with all applicable
charges and interest, in 18 equal monthly installments commencing from
25.06.2024. If this is done, the 1st respondent - Bank shall close the loan
account and return the security documents to him, on proper receipt.
After the petitioner remits a minimum of 10 instalments as offered
above, he will be at liberty to approach the 1 st respondent - Bank for
reconciliation of his accounts since he says that there are some entries
which are inconsistent and if this is done, the 1 st respondent - Bank will
consider the same after affording him an opportunity of being heard. If,
through such exercise, any amounts are found in favour of the petitioner,
then the same shall be modulated into the remaining EMIs which shall
also be paid without default.
Needless to say, as long as the petitioner pays as per the above
directions, all coercive action against the property of the petitioner will
stand deferred; but if he defaults payment of two installments as ordered
above, the 1st respondent - Bank will be at full liberty to invoke
appropriate remedies for recovery of the total balance amount as per
law, without having to obtain any further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/30.5
APPENDIX OF WP(C) 15444/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY THE ARBITRAL AWARD NO 280/2018
DATED 29.11.2018
Exhibit P2 TRUE COPY OF THE IETTER DATED 11.01.2019
ISSUED BY THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE LETTER DATED 09.03.2022
ISSUED BY THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE LETTER DATED 24.02.2023
ISSUED BY THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE LETTER DATED 25.05.2023
ISSUED BY THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF CIRCULAR NO. 6/2024 DATED
02.02.2024 ISSUED BY THE REGISTRAR OF
COOPERATIVE SOCIETIES
Exhibit P7 TRUE COPY OF THE CIRCULAR NO. 9/2024 DATED
28.02.2024
Exhibit P8 TRUE COPY OF NOTICE DATED 02.03.2024 ISSUED
BY THE 2ND RESPONDENT
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
03.04.2024 SUBMITTED BY THE PETITIONER TO
THE 1ST RESPONDENT
Exhibit P10 TRUE COPY OF THE ACCOUNT STATEMENT ISSUED BY
THE 1ST RESPONDENT FROM 01.01.2023 TO
31.03.2024
