Kerala High Court
Vijaya Bose vs Joint Registrar Of Co-Operative ... on 30 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
W.P.(C)No.33629 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO. 33629 OF 2024
PETITIONER:
VIJAYA BOSE
AGED 60 YEARS
THOPPIL VEETIL, NENMENI KIZHAKK,
MUNROUTHURUTH, KOLLAM - 691502.
BY ADV VINOY VARGHESE KALLUMOOTTILL
RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETY(GENERAL)
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETY(GENERAL) KOLLAM, PIN - 691013.
2 ASSISTANT-REGISTRAR OF CO-OPERATIVE
SOCIETY(GENERAL)
OFFICE OF THE ASSISATANT- REGISTRAR OF
CO-OPERATIVE SOCIETY(GENERAL),
KOLLAM, PIN - 691013.
3 SPECIAL SALES OFFICER
OFFICE OF THE SPECIAL SALES OFFICER ,
KOLLAM, PIN - 691013.
4 BHOOTHAKULAM SERVICE CO-OPERATIVE BANK LTD 2944
BHOOTHAKULAM KOLLAM, REPRESENTED BY THE
SECRETARY, PIN - 691302.
W.P.(C)No.33629 of 2024
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BY ADVS.
SRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
SMT. RESMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.33629 of 2024
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JUDGMENT
Dated this the 30th day of October, 2024
The petitioner has approached this Court aggrieved by
the coercive proceedings for recovery of financial advance
made by the Boothakulam Service Co-operative Bank to the
petitioner, invoking the provisions of the Kerala Co-operative
Societies Act, 1969.
2. The Bank paid ₹7.5 lakhs to the petitioner as
loan in the year 2018. 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.
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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 Co-operative Societies Act, 1969 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 2018. The petitioner
committed default in repaying the loan.
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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
go than to proceed against the petitioner invoking the provisions
of the Kerala Co-operative Societies Act, 1969. 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 as on 30.10.2024 is ₹10,82,412/-.
8. I have heard the learned Counsel for the
petitioner and the learned Standing Counsel representing the
Bank. I have also heard the learned Government Pleader
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representing respondents 1 and 2.
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
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 ₹10,82,412/- in 12
equal and consecutive monthly instalments,
along with accruing interest and other Bank
charges, if any. The first of such instalments
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shall be paid on or before 02.12.2024.
(ii) If the petitioner commits default in
making payments as directed above, the
respondents will be at liberty to continue with
coercive proceedings against the petitioner in
accordance with law.
(iii) If the petitioner makes payments as
directed above, coercive proceedings, if any,
against the petitioner shall stand deferred.
Sd/-
N.NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 33629/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE NOTICE DATED
14-08-2024 ISSUED BY THE BANK
