Kerala High Court
Nirmalan. A.T vs The Malanadu Co-Operative ... 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. 11199 OF 2024
PETITIONER:
NIRMALAN. A.T., AGED 42 YEARS, S/O A.K. THANKAPPAN,
BLOCK NO.405, KALLAR P.O., THOOKKUPALAM, IDUKKI
DISTRICT. PIN 685552. NOW RESIDING AT BLOCK NO.1302,
KOOTTAR P.O, KOOTTAR, IDUKKI DISTRICT., PIN - 685553
BY ADVS.
B KRISHNA KUMAR
A.CHANDRA BABU(K/846/2004)
RESPONDENTS:
1 THE MALANADU CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK, K-352, NEDUMKANDAM, IDUKKI DIST.
REPRESENTED BY ITS SECRETARY,, PIN - 685553
2 THE SECRETARY, THE MALANADUCO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK, K-352, NEDUMKANDAM,
IDUKKI DISTRICT., PIN - 685553
3 SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES AND
SPECIAL SALE OFFICER,THE MALANADU CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK, K-352,
NEDUMKANDAM, IDUKKI DISTRICT, PIN - 685553
BY ADVS.
JASMINE V.H.
RAHMATH C.A.(K/845/2004)
THOMAS P.MATHEWS(K/1059/2006)
SUMAYYA K.B.(K/1752/2023)
SATHEESH P. MATHEWS(K/003584/2023)
JIBI JOHNSON(K/000447/2024)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 11199/24
2
JUDGMENT
The petitioner seeks that the respondent-Bank be directed to
allow him to pay off the outstanding in the loan facility availed of
by him in monthly installments, after reducing all eligible amounts,
adverting to the judgment of the Honourable Supreme Court in
Ambati Narasayya v. M.Subba Rao and Another [AIR 1990 SC 119].
2. Smt.V.H.Jasmine - learned Standing Counsel for the
respondent-Bank, however, responded to the afore submissions as
made by the learned counsel for the petitioner - Sri.Dinesh
Thankappan, saying that the total outstanding in the loan account
is Rs.14,33,337/-, as on 28.05.2024 and that the petitioner can be
allowed to pay it off either in a few installments, or that he can
apply for a settlement; however, adding that there is no subsisting
One-Time-Settlement Scheme available with the Bank. She
submitted that she is making this submission only because the
petitioner says that he is willing to pay off the entire liability.
3. The learned counsel for the petitioner conceded that his
client's request in this Writ Petition is only for installments, but
explaining that he is likely to garner some resources in a few days,
so that he can pay off the entire liability, provided the Bank
reduces the outstanding.
Taking note of the afore submissions, I allow this Writ
Petition, granting liberty to the petitioner to approach the Bank for
a One-Time-Settlement; and if this is done within a period of two
weeks from the date of receipt of a copy of this judgment, the
same shall be considered by them, after affording him an
opportunity of being heard; thus culminating in an appropriate
order/necessary action.
Until such time as the afore is done and the resultant order
communicated to the petitioner, all further recovery action against
him shall be deferred.
After I dictated this part of the judgment, the learned counsel
for the petitioner submitted that, in case the attempt for One-Time-
Settlement does not fructify, his client may be reserved liberty to
approach the Bank for payment by installments.
Needless to say, all the afore liberties are left open; for
which purpose, all rival contentions are left undecided.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 11199/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT ISSUED
BY THE VILLAGE OFFICER, KARUNAPURAM DATED
31/03/2021
Exhibit P2 THE TRUE COPY OF DEMAND NOTICE UNDER
SECTION 19(2) (B) DATED 20/10/2023
Exhibit P3 . THE TRUE COPY OF THE NOTICE UNDER
SECTION 20 RULE 8(C) DATED 13/02/2024
