Kalyani vs Special Sale Officer
2024 Latest Caselaw 29879 Ker

Citation : 2024 Latest Caselaw 29879 Ker
Judgement Date : 22 October, 2024

Kerala High Court

Kalyani vs Special Sale Officer on 22 October, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                             2024:KER:79094

        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. 26327 OF 2024
PETITIONER:

         KALYANI,
         AGED 62 YEARS, D/O KUNJUKUTTAN,
         CHEERATH (H), KADANGODE VILLAGE,
         KADANGODE DESOM, KUNNAMKULAM - 680584.

         BY ADVS.
         SREELAKSHMI SABU
         MAHESWARAN V.P.



RESPONDENTS:

    1    SPECIAL SALE OFFICER,
         KUNNAMKULAM CO-OPERATIVE AGRICULTURAL AND
         RURAL DEVELOPMENT BANK LTD NO.
         R.1555,KUNNAMKULAM,THRISSUR, PIN - 680503.

    2    THE KUNNAMKULAM CO-OPERATIVE AGRICULTURAL AND
         RURAL DEVELOPMENT BANK,
         LTD NO. R.1555, KUNNAMKULAM,
         THRISSUR - PIN - 680503
         REPRESENTED BY ITS MANAGER.

         BY ADVS.
         RAJIT
         V.V.JOY


     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.26327 of 2024                         2024:KER:79094
                              :2:




                       JUDGMENT

Dated this the 22nd day of October, 2024

The petitioner has approached this Court aggrieved by

the coercive proceedings for recovery of financial advance

made by the Kunnamkulam Co-operative Agricultural and Rural

Development Bank to the petitioner, invoking the provisions of

the Kerala State Co-operative Agricultural and Rural

Development Banks Act, 1984.

2. The Bank paid ₹3.5 lakhs to the petitioner as

Housing Loan. The petitioner states that though the petitioner

made remittances promptly during the initial repayment period

of the financial advance, she could not pay the instalments

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

happened due to reasons beyond the control of the petitioner. W.P.(C)No.26327 of 2024 2024:KER:79094

3. Though the petitioner requested the Bank to permit

the petitioner to repay the overdue amounts in easy monthly

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.P1 notice.

4. The petitioner states that she 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, she 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.

The petitioner committed default in repaying the loan.

6. The Bank repeatedly reminded the petitioner and

required her to clear the dues. The petitioner deliberately

omitted to do so. In the circumstances, the Bank had no other W.P.(C)No.26327 of 2024 2024:KER:79094

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.P1

notice 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, however, submitted that if

the petitioner is ready and willing to remit the balance

outstanding amount in instalments, 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 is ₹4,73,270/- and the overdue amount

as on 22.10.2024 is ₹2,46,680/-.

8. I have heard the learned Counsel for the petitioner

and the learned Standing Counsel representing the Bank.

9. 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 occurred lately W.P.(C)No.26327 of 2024 2024:KER:79094

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:

(i) The petitioner shall remit the outstanding

amount of ₹4,73,270/- in 15 equal and

consecutive monthly instalments, along with

accruing interest and other Bank charges, if

any. The first of such instalments shall be paid

on or before 22.11.2024.

(ii) If the petitioner commits default in

making payments as directed above, the

respondents will be at liberty to continue with W.P.(C)No.26327 of 2024 2024:KER:79094

coercive proceedings against the petitioner in

accordance with law.