Vijayan vs Thalappilli Taluk Primary ...
2024 Latest Caselaw 33506 Ker

Citation : 2024 Latest Caselaw 33506 Ker
Judgement Date : 21 November, 2024

Kerala High Court

Vijayan vs Thalappilli Taluk Primary ... on 21 November, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2024:KER:87426



        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946

                WP(C) NO. 36734 OF 2024

PETITIONER:

         VIJAYAN
         AGED 57 YEARS
         S/O. KRISHNAN,
         RESIDING AT KIZHAKKUMURI MAYYANNOOR,
         THALAPPILLI, THRISSUR,
         PIN - 680589

         BY ADVS.
         K.S.ARUN KUMAR
         VIJAY SANKAR V.H.


RESPONDENTS:

    1    THALAPPILLI TALUK PRIMARY CO-OPERATIVE
         AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.
         1354,
         VADAKKANCHERY
         THRISSUR DISTRICT
         REPRESENTED BY IT'S AUTHORIZED OFFICER,
         PIN - 678683
    2    SPECIAL SALE OFFICER
         CO-OPERATIVE SOCIETIES JOINT REGISTRAR
         (GENERAL),
         THRISSUR, PIN - 680003

         BY ADV.
         DILIP J. AKKARA,R1,R2

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 21.11.2024, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
                                                            2024:KER:87426
WP(C) NO.36734 of 2024

                                     2



                             JUDGMENT

Dated this the 21st day of November, 2024

The petitioner has approached this Court aggrieved by

the coercive proceedings for recovery of financial advance

made by the Thalappilli Taluk Primary Co-operative

Agricultural and Rural Development Bank Limited to the

petitioner, invoking the provisions of the Kerala State

Co-operative Agricultural and Rural Development Banks Act,

1984.

2. The Bank paid ₹9 lakhs to the petitioner as loan in

the year 2016. The petitioner states that though the petitioner

made remittances promptly during the initial repayment period

of the financial advance, he could not pay the instalments

promptly later. The repayment of loan fell into arrears later. It

happened due to reasons beyond the control of the petitioner.

3. Though the petitioner requested the Bank to permit

the petitioner to repay the overdue amounts in easy monthly 2024:KER:87426 WP(C) NO.36734 of 2024

instalments, the Bank authorities were not yielding. The

authorities, instead, started coercive proceedings, invoking

the provisions of the Kerala State Co-operative Agricultural

and Rural Development Banks Act, 1984 and issued Ext.P2

notice.

4. The petitioner states that he is still in a position to

clear the overdue amounts towards the loan, if sufficient time

is given to clear the dues in easy monthly instalments. If the

respondents are permitted to continue with the coercive

proceedings and auction the secured assets provided by the

petitioner, he will be put to untold hardship and loss.

5. Standing Counsel entered appearance on behalf of

the Bank and denied all the statements made by the

petitioner. On behalf of the respondents, it is submitted that

the loan was given to the petitioner in the year 2016. The

petitioner committed default in repaying the loan.

2024:KER:87426 WP(C) NO.36734 of 2024

6. The Bank repeatedly reminded the petitioner and

required him to clear the dues. The petitioner deliberately

omitted to do so. In the circumstances, the Bank had no other

go than to proceed against the petitioner invoking the

provisions of the Kerala State Co-operative Agricultural and

Rural Development Banks Act, 1984. The impugned Ext.P2

was issued in these circumstances. The petitioner has not

advanced any legal reasons to thwart the coercive

proceedings initiated by the Bank.

7. The Standing Counsel submitted that the petitioner

had earlier approached this Court filing W.P.(C) No.29193 of

2023 and this Court had permitted the petitioner to clear the

outstanding dues in 12 Equated Monthly Instalments. But, the

petitioner committed default in payment of instalments.

8. The Standing Counsel, however, submitted that if

the petitioner is ready and willing to make a substantial

payment soon and remit the balance outstanding amount 2024:KER:87426 WP(C) NO.36734 of 2024

immediately thereafter, a short breathing time can be granted

to the petitioner to clear the dues. The Standing Counsel

submitted that the outstanding amount due to the Bank from

the petitioner as on 01.11.2024 is ₹17,35,000/-.

9. I have heard the counsel for the petitioner and the

Standing Counsel representing the Bank.

10. The specific case of the petitioner is that the

petitioner has been making the repayment and maintaining

the loan account initially. The default in repayment of the loan

occurred lately due to reasons beyond the control of the

petitioner. The petitioner has provided substantial security

which will safeguard the interest of the Bank.

10. In the facts and circumstances of the case, I am

inclined to dispose of the writ petition giving a short and

reasonable time to the petitioner to clear off the liability.

11. The writ petition is therefore disposed of with the

following directions:

2024:KER:87426 WP(C) NO.36734 of 2024

(i) The petitioner shall remit the

outstanding amount of ₹17,35,000/- in 18

consecutive and equal monthly instalments

along with accruing interest and other Bank

charges, if any. First of such instalments

shall be paid on or before 23.12.2024.

(ii) If the petitioner commits single default

in making payments as directed above, the

respondent will be at liberty to continue with

the coercive proceedings against the

petitioner in accordance with law.