Kerala High Court
Annamma P.P. @ Philomina vs Thimiri Service Co-Operative Bank Ltd on 30 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
W.P.(C)No.34051 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. 34051 OF 2024
PETITIONER:
ANNAMMA P.P.@ PHILOMINA
AGED 59 YEARS, D/O. JOSEPH,
THACHARNAMPOYIL HOUSE, THIMIRI P.O,
HOSDURG TALUK, KASARGOD - 671313
BY ADVS.
M.ANUROOP
M.DEVESH
MURSHID ALI M.
RESPONDENTS:
1 THIMIRI SERVICE CO-OPERATIVE BANK LTD
REPRESENTED BY ITS SECRETARY,
THIMIRI P.O.,HOSDURG HOSDURG,
KASARGOD - 671313
2 THE SPECIAL SALE OFFICER
THIMIRI S C B GROUP, OFFICE OF HE ASSISTANT
REGISTRAR (GENERAL) HOSDURG, KANHANGAD P.O,
KASARGOD DISTRICT., PIN - 671315
BY ADV.SRI.ARUNKUMAR A
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.34051 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 Thimiri Service Co-operative Bank to the
petitioner, invoking the provisions of the Kerala Co-operative
Societies Act, 1969.
2. The Bank paid ₹16 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, 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.
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 Co-operative Societies Act, 1969 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. 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 her to clear the dues. The petitioner deliberately
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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 ₹33,58,221/-.
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
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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 ₹33,58,221/- 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 02.12.2024.
(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.
(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) 34051/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED
22-08-2024 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE MEDICAL RECORDS OF THE
PETITIONER ISSUED BY AKG MEMORIAL
HOSPITAL KANNUR.
