Sumayya vs Makkaraparamba Servic E Co-Operative ...
2024 Latest Caselaw 29845 Ker

Kerala High Court

Sumayya vs Makkaraparamba Servic E Co-Operative ... on 22 October, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                            2024:KER:78593


        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                WP(C) NO. 36662 OF 2024

PETITIONER:

         SUMAYYA
         AGED 34 YEARS, W/O.MUSTHAFA,VALIYATH,
         KALLURMA, THARIYATH, NANNAMUKKU,
         MALAPPURAM DISTRICT, PIN - 679 575.

         BY ADVS.
                 G.HARIHARAN
                 PRAVEEN.H.
                 K.S.SMITHA
                 B.R.SINDU
                 V.R.SANJEEV KUMAR
                 V.ROHITH
                 AFNA V.P.
                 REMYA MURALI



RESPONDENTS:

    1    MAKKARAPARAMBA SERVIC E CO-OPERATIVE BANK LTD
         CHATTIPARAMBA BRANCH, CHATTIPARAMBA P. O.,
         MALAPPURAM DISTRICT REPRESENTED BY ITS
         SECRETARY, PIN - 676 504.

    2    JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE
         SOCIETIES, B 2 BLOCK, CIVIL STATION,
         MALAPPURAM, PIN - 676 505.

    3    ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
         (GENERAL), (SENIOR INSPECTOR / ARBITRATOR),
         PERINTHALMANNA, MALAPPURAM DISTRICT,
         PIN - 679 322.
                                                     2024:KER:78593

WP(C) No.36662 of 2024
                                   :2:

            BY ADVS
                         O.D. SIVADAS, FOR R1
                          SHEEJA C.S., SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP                FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME                DAY
DELIVERED THE FOLLOWING:
                                                     2024:KER:78593

WP(C) No.36662 of 2024
                                  :3:




                            JUDGMENT

Dated this the 22nd day of October, 2024

The petitioner, who has availed a loan of ₹10 lakhs

from the 1st respondent-Bank, has approached this Court

seeking to quash Ext.P4 Award, which according to the

petitioner has been passed in violation of Section 34 of the

Civil Procedure Code. The petitioner also seeks to refer the

matter to KeLSA attached to the Kerala High Court for

resolving the issue.

2. Standing Counsel representing the Bank

submits that if the petitioner remits an amount of ₹3 lakhs

and makes a proposal for settlement of the loan account, the

Bank themselves can consider the same in accordance with

law.

In view of the submissions made as above, the writ

petition is disposed of directing that if the petitioner deposits 2024:KER:78593

an amount of ₹3 lakhs on or before 30.10.2024 and makes a

proposal for settlement of the loan account, the respondents

shall consider the same and take appropriate decision

thereon in accordance with law.

Sd/-

N.NAGARESH JUDGE AMR 2024:KER:78593

APPENDIX OF WP(C) 36662/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE LOAN PASSBOOK ISSUED BY THE RESPONDENT IN THE NAME OF THE PETITIONER FOR ON 22.08.2019.

Exhibit P2 A TRUE COPY OF THE REQUEST DATED 05.04.2023 MADE BY THE PETITIONER TO THE 1STRESPONDENT REQUESTING SANCTION FOR ONE TIME SETTLEMENT OF LOAN MENTIONED IN EXHIBIT P1.

Exhibit P3 A TRUE COPY OF THE JUDGMENT MADE IN W.P.(C) NO.18132/2023 ON 09.11.2023.

Exhibit P4 A TRUE COPY OF THE AWARD DATED 16.08.2024 ISSUED BY THE 3RD RESPONDENT AGAINST THE PETITIONER DIRECTING PAYMENT OF A SUM OF RS. 9,14,412/- WITH INTEREST @ 15.25% ON THE PRINCIPAL SUM OF RS.7,46,112/- W.E.F. 21.02.2024.

Exhibit P5 A TRUE COPY OF THE JUDGMENT MADE IN CHOOVATTA VADAKKEKARA KUNHI VEETTIL JANARADHANAN VS. MOTTUKKANDE KARUNAKARAN REPORTED IN 2011(3) KHC