Anzar, S/O.Muhammed Kunju vs The Assistant Registrar (General) Of ...
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Kerala High Court

Anzar, S/O.Muhammed Kunju vs The Assistant Registrar (General) Of ... on 31 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                       WP(C) NO. 11772 OF 2024


PETITIONER:

            ANZAR, S/O.MUHAMMED KUNJU, AGED 42 YEARS
            KALLAYYATHU, PADINJATTEKKARA P.O.,
            THEVALAKKARA, KOLLAM, PIN - 690524

            BY ADV SHINE N.S


RESPONDENTS:

    1       THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
            SOCIETIES, KARUNAGAPPALLY P.O., KOLLAM,
            PIN - 690518

    2       THE SPECIAL SALE OFFICER, KULASEKHARAPURAM SERVICE
            CO-OPERATIVE BANK GROUP, OFFICE OF THE ASSISTANT
            REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
            KARUNAGAPPALLY P.O., KOLLAM, PIN - 690518

    3       THE THEVALAKKARA FARMERS SERVICE CO-OPERATIVE BANK
            LIMITED NO.4047, , REPRESENTED BY ITS MANAGING
            DIRECTOR, THEVALAKKARA P.O., KOLLAM, PIN - 690524

            BY ADVS.
            MOHAN LAL B
            P.S.PREETHA(K/883/1998)
            ASWIN V. NAIR(K/1019/2017)
            KARTHIK J SEKHAR(K/365/2021)
            ABIJITH M.(K/1226/2022)
            JAYAPRABHA ARJUN(K/001757/2023)
            BLESSY MARY SEBASTIAN(K/003114/2023)
            PRAVEENA T.(K/001645/2024)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 11772/24
                                    2

                          JUDGMENT

When this matter was called today, Sri.B.Mohanlal - learned

counsel for the respondent Bank, submitted that, his client has

already obtained an Award through statutory Arbitration against

the petitioner. He added that the total amounts under the Award

comes to Rs.5,33,560/-, out of which Rs.75,000/- has already been

paid by the petitioner as per the interim order of this Court dated

22.03.2024 and that if he is willing to pay off the balance, along

with all applicable charges and interest, in not more than 8 equal

monthly installments, the same can be settled.

2. Sri.Shine N.S. - learned counsel for the petitioner,

accepted the afore suggestion.

Taking note of the afore submissions, I allow this Writ

Petition, permitting the petitioner to pay off the balance amount,

along with all applicable charges and interest, in 8 equal monthly

installments, commencing from 30.06.2024.

Needless to say, if the petitioner continues to pay as afore,

all action pursuant to Exts.P1 and P2 will stand deferred; but if he

defaults payment of any two installments 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/-

RR                                      DEVAN RAMACHANDRAN
                                              JUDGE



                APPENDIX OF WP(C) 11772/2024

PETITIONER EXHIBITS
Exhibit P1          THE TRUE COPY OF THE DEMAND NOTICE DATED

27.10.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P2 THE TRUE COPY OF THE NOTICE IN ARC NO.320/2022 IN E.P NO.156/2023 ON 14.02.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER