Sharafudeen M vs The Chathanoor Regional Service ...
2024 Latest Caselaw 30015 Ker

Kerala High Court

Sharafudeen M vs The Chathanoor Regional Service ... on 22 October, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                              2024:KER:78673
W.P.(C) No.33778/2024
                              :1:

          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. 33778 OF 2024

PETITIONER:
         SHARAFUDEEN M.,
         AGED 69 YEARS,
         S/O. MEERASAHIB M.,
         RESIDING AT P.T HOUSE KODIYATT,
         THAZHAM VADAKKU, CHATHANNOOR,
         MEENAD, KOLLAM, PIN - 691579
          BY ADVS.
          S.JATHIN DAS
          ARUN S.
          S.SOUMYA ISSAC
          B.DEEPALAKSHMI


RESPONDENTS:
    1    THE CHATHANOOR REGIONAL SERVICE CO-OPERATIVE
         BANK LTD.,
         NO. Q153, KOTHERI, CHATHANOOR POST,
         KOLLAM, KERALA,
         REPRESENTED BY ITS' AUTHORIZED OFFICER,
         PIN - 691572
    2      SPECIAL SALE OFFICER,
           ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
           SOCIETIES, KOLLAM, PIN - 691001

          BY ADVS.
          SUDEEP ARAVIND PANICKER
          A.S.DILEEP(K/655/1987)
          P.BINOD(K/647/1987)
          K.Y.SUDHEENDRAN(K/000625/1987)
          SUSEELA DILEEP(S-1307)
          K.N.HARISHANKAR(K/001647/2023)

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
                                                       2024:KER:78673
W.P.(C) No.33778/2024
                                   :2:




                           JUDGMENT

Dated this the 22nd day of October, 2024

The petitioner availed a loan from the 1 st respondent-

Chathanoor Regional Service Co-operative Bank Ltd. When

the petitioner failed to maintain the loan account and repay

the loan, the 1st respondent initiated coercive proceedings for

recovery of loan amount. At this stage, the petitioner

approached this Court seeking to command the

1st respondent to accept the defaulted amount in 20

installments.

2. When this writ petition came up for

admission on 26.09.2024, this Court stayed further coercive

proceedings on condition that the petitioner remits an amount

of ₹1 lakh within a week's time. Standing Counsel

representing the Bank submits that the petitioner has not

remitted the said amount so far.

2024:KER:78673

3. The outstanding amount payable by the

petitioner is ₹26,85,253/- as on 04.10.2024. The petitioner

approached this Court seeking installment facility to repay the

loan. The petitioner was directed to pay a small portion of the

outstanding amount on 26.09.2024. The petitioner failed to

pay. In the circumstances, the petitioner is not entitled to any

further discretionary relief from this Court.

The writ petition is therefore dismissed.

Sd/-

N. NAGARESH JUDGE SR 2024:KER:78673

APPENDIX OF WP(C) 33778/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE LOAN PASSBOOK ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED NIL.