Shyamala Kavalan vs Special Sale Officer/Asst. Registrar ...
2024 Latest Caselaw 13947 Ker

Kerala High Court

Shyamala Kavalan vs Special Sale Officer/Asst. Registrar ... on 28 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
           TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                              WP(C) NO. 13364 OF 2024
PETITIONER:

                  SHYAMALA KAVALAN
                  AGED 56 YEARS
                  W/O. CHANDRAN, MEENTHERI HOUSE, VATTAKAYAM, ULIYIL
                  P.O., MATTANNUR, KANNUR, PIN - 670 702
                  BY ADV E.V.MOLY


RESPONDENTS:

       1          SPECIAL SALE OFFICER/ASST. REGISTRAR OF CO-OPERATIVE
                  SOCIETIES
                  OFFICE OF ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES,
                  IRITTY PUNNAD P.O. KANNUR, PIN - 670 703
       2          THE KOLARI SERVICE CO-OPERATIVE BANK REP BY ITS
                  SECRETARY
                  NOC-19, H.O.COLLEGE ROAD, MATTANUR -670 702,
                  PIN - 670 702
                  BY ADV SATHEESHAN ALAKKADAN


OTHER PRESENT:

                  SRI. SATHEESHAN ALAKKADAN



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
           SRI. SATHEESHAN ALAKKADAN



THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No. 13364 of 2024
                                              2

                                        JUDGMENT

Dated, this the 28th day of May 2024

When this matter was called today,

Sri. Satheesan Alakkadan - learned Standing Counsel

for the second respondent, submitted that, though

his client has already obtained an Award through

statutory Arbitration against the petitioner, if the

petitioner is interested, she can be allowed to pay

off the total amount thereunder, which is a sum of

Rs.9,93,252/- as on 31.03.2024, along with all

applicable charges and interest, provided she pays

the same in not more than 18 equal monthly

instalments.

2. Smt.E.V.Moly - learned counsel for the

petitioner, accepted the afore suggestion.

2. Taking note of the afore submissions, I

allow this Writ Petition, permitting the petitioner

to pay off the aforementioned amount, along with all

applicable charges and interest, in 18 equal monthly

instalments commencing from 30.06.2024.

Needless to say, if the petitioner continues to

pay as afore, all further coercive actions pursuant

to the Award will stand deferred; but if she

defaults payment of any two instalments as ordered

above, necessary action for recovery as per the

Award can be taken forward, without having to obtain

further orders from this Court.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

SSG

APPENDIX OF WP(C) 13364/2024

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE COMPILATION OF RECEIPTS DATED 18.8.2023 & 08.12.2023 FOR PAYMENT MADE BY THE PETITIONER Exhibit P2 THE TRUE COPY OF THE INTIMATION RECEIVED BY THE PETITIONER FOR THE SCHEDULED ADALATH HELD ON 10.03.2023 Exhibit P3 THE TRUE COPY OF THE ORDER DATED 11.1.2024 Exhibit P 4 THE TRUE COPY OF THE REPRESENTATION DATED 21.3.2024 SUBMITTED BY THE PETITIONER