Kerala High Court
Nasar vs Kadukutty Service Co-Operative Bank on 17 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:77036
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 29557 OF 2024
PETITIONER:
NASAR
AGED 48 YEARS
SON OF ABU, KARUPPAMVEEDU,
ANNAMANADA P.O.,
KALLUR VADAKKUMURI VILLAGE,
MUKUNDAPURAM TALUK,
THRISSUR DISTRICT,
PIN - 680741
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 KADUKUTTY SERVICE CO-OPERATIVE BANK
KADUKUTTY., THRISSUR
REPRESENTED BY ITS SECRETARY,
PIN - 680309
2 THE SECRETARY
KADUKUTTY SERVICE CO-OPERATIVE BANK,
KADUKUTTY.,
THRISSUR, PIN - 680309
3 SPECIAL SALE OFFICER
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WP(C) NO.29557 OF 2024
2
(KUTTIKKADU FS CB GROUP),
OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETY (GENERAL),
CHALAKKUDY, PIN - 680307
BY ADV R.GOPALAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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3
JUDGMENT
Dated this the 17th day of October, 2024
The petitioner, who availed a financial advance from
the 1st respondent-Bank and against whom the Bank has
initiated coercive proceedings, has filed this writ petition
seeking the following reliefs:-
"1. Issue a writ of mandamus or any other
appropriate writ, order or direction to the 2nd respondent to
grant 60 monthly installments to the petitioner to clear off
the entire dues with the 1st respondent-Bank in connection
with Ext.P1 notice.
2. Direct the 3rd respondent to stop all further
proceedings against the petitioner in connection with
recovery of loan amount by sale of his property.
3. Direct the 2nd respondent to hand over a copy of
statement of account of petitioner in connection with the
loan account of petitioner detailing the principle amount,
interest, overdue interest and other charges to the
petitioner forthwith.
4. Direct the 3rd respondent to hand over certified
copy of order in E.P.No.787/2023 in ARC No.1035/2021
in connection with loan account."
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WP(C) NO.29557 OF 2024
2. When the writ petition came up for admission on
21.08.2024, this Court passed an interim order to the
following effect:-
"Issue urgent notice on admission by speed
post to respondents 1 to 3.
There will be an interim order staying
confirmation of sale pursuant to Ext.P1 till
24.09.2024 on condition that the petitioner shall
remit an amount of ₹5 lakhs within a period of one
month.
In the meanwhile, pending disposal of the
writ petition, if the petitioner makes application for
providing Statement of Accounts, the respondents
shall provide the Statement of Accounts to the
petitioner on usual terms."
3. Standing Counsel representing the Bank submits
that the petitioner has not remitted the amount as directed by
this Court so far.
4. The petitioner approached this Court seeking to
permit him to clear the entire outstanding loan amount in 60
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equal monthly instalments. The petitioner was directed to
remit a small amount towards repayment. The petitioner has
not remitted the said amount.
In such circumstances, the petitioner is not entitled to
any further discretionary relief from this Court under Article
226 of the Constitution of India. The writ petition is therefore
dismissed.
Sd/-
N.NAGARESH
JUDGE
hmh
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WP(C) NO.29557 OF 2024
APPENDIX OF WP(C) 29557/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED
18.7.2024 ISSUED BY THE THIRD
RESPONDENT
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
12.8.2024 SUBMITTED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT WITH COPY
TO THIRD RESPONDENT
