Kerala High Court
Shaji T. C vs The Assistant Registrar (General) Of ... on 30 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
W.P.(C)No.34369 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. 34369 OF 2024
PETITIONER:
SHAJI T. C.
AGED 57 YEARS, S/O. CHELLAPPAN,
THATTAPARAMBIL HOUSE, AMBIKA MARKET P.O.,
KUDAVACHOOR, VAIKKOM, KOTTAYAM, PIN - 686144.
BY ADVS.
M.RETHEESHKUMAR
MUHAMED JUNAID V.
RESPONDENTS:
1 THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR
VAIKKOM TALUK, VAIKKOM, KOTTAYAM, PIN - 686141.
2 THE SPECIAL SALE OFFICER (ULLALA SERVICE CO-
OPERATIVE BANK GROUP), OFFICE OF THE ASSISTANT
REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES,
VAIKKOM TALUK, VAIKKOM, KOTTAYAM, PIN - 686141.
3 THE VECHOOR PANCHAYAT SERVICE CO-OPERATIVE BANK
LTD, NO. K 813, KUDAVACHOOR P.O., KOTTAYAM
REPRESENTED BY ITS SECRETARY., PIN - 686144.
BY ADVS.
CAROLIN SINDHU VAZ
JYOTHISH P K
W.P.(C)No.34369 of 2024
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AKHIL M S
ATHIRA V. R.
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.34369 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 Vechoor Panchayat Service Co-operative Bank to
the petitioner, invoking the provisions of the Kerala Co-
operative Societies Act, 1969.
2. The Bank paid ₹6 lakhs to the petitioner as
loan. 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
monthly instalments, the Bank authorities were not yielding. The
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authorities, instead, started coercive proceedings, invoking the
provisions of the Kerala Co-operative Societies Act, 1969 and
issued Exts.P1 and P3 notices.
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. 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
go than to proceed against the petitioner invoking the provisions
of the Kerala Co-operative Societies Act, 1969. The impugned
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Exts.P1 and P3 notices were 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 28.10.2024 is ₹12,45,390/-.
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
due to reasons beyond the control of the petitioner. The
petitioner has provided substantial security which will safeguard
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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
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 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.
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(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) 34369/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED
08.06.2023 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
Exhibit P2 THE TRUE COPY OF THE REPORT DATED
18.08.2018 ISSUED BY THE GOVERNMENT
MEDICAL COLLEGE HOSPITAL KOTTAYAM
Exhibit P3 THE TRUE COPY OF THE SALE NOTICE DATED
12.08.2024 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
