B. Anilkumar vs Special Sale Officer
2024 Latest Caselaw 30368 Ker

Citation : 2024 Latest Caselaw 30368 Ker
Judgement Date : 25 October, 2024

Kerala High Court

B. Anilkumar vs Special Sale Officer on 25 October, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

W.P.(C)No.29123 of 2024
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         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                    WP(C) NO. 29123 OF 2024

PETITIONER:

         B. ANILKUMAR
         AGED 53 YEARS, S/O. DIVAKARAN NAIR,
         KALARITHUNDIL HOUSE, KURUMBAKARA P.O,
         PATHANAMTHITTA DISTRICT., PIN - 689695.

         BY ADVS.
         SALIM V.S.
         SHANAVAS.S
         A.M.FOUSI
         A.B.AJIN


RESPONDENTS:

    1    SPECIAL SALE OFFICER
         ADOOR PRIMARY CO-OPERATIVE AGRICULTURAL
         AND RURAL DEVELOPMENT BANK LTD.,
         ADOOR P.O., PATHANAMTHITTA - 691523.

    2    ADOOR PRIMARY CO-OPERATIVE AGRICULTURAL
         AND RURAL DEVELOPMENT BANK LTD
         ADOOR P.O., PATHANAMTHITTA PIN - 691523
         REPRESENTED BY ITS SECRETARY.

         BY ADVS.
         GEORGE ABRAHAM PACHAYIL
         O.K.DEEPAMOL

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.29123 of 2024
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                          JUDGMENT

Dated this the 25th day of October, 2024

The petitioner has approached this Court aggrieved by

the coercive proceedings for recovery of financial advance

made by the Adoor Primary 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 ₹4 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. 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

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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 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.

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

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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

overdue 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 ₹3,92,007/- and the overdue amount as on

25.10.2024 is ₹3,44,535/-.

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

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loan account initially. The default in repayment 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:

(i) The petitioner shall remit the overdue

amount of ₹3,44,535/- in 18 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 25.11.2024.

(ii) If the petitioner commits default in

making payments as directed above, the

respondents will be at liberty to continue with

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coercive proceedings against the petitioner in

accordance with law.