Akhila P.V vs Joint Registrar Of Co-Operative ...
2024 Latest Caselaw 30720 Ker

Kerala High Court

Akhila P.V vs Joint Registrar Of Co-Operative ... on 30 October, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                                2024:KER:81358


         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. 31948 OF 2024

PETITIONER:

         AKHILA P.V
         AGED 41 YEARS, D/O MUKUNDAN P,
         KANIYANTE VALAPIL HOUSE, MANAS,
         PALLIKUNNU P.O KANNUR DISTRICT,
         PIN - 670 004.

         BY ADVS.
                 VIMAL VIJAY
                 K.JAYESH MOHANKUMAR
                 PUSHPARAJAN KODOTH
                 VANDANA MENON



RESPONDENTS:

    1    JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
         (GENERAL) THAVAKKARA, KANNUR,
         KANNUR DISTRICT, PIN - 670 002.

    2    SPECIAL SALE OFFICER
         OFFICE OF THE ASSISTANT REGISTRAR OF
         CO-OPERATIVE SOCIETIES (GENERAL),
         CIVIL STATION, KANNUR, PIN - 670 002.

    3    CHIRAKKAL SERVICE CO-OPERATIVE SOCIETY BANK LTD
         NO. F 1148, REPRESENTED BY ITS SECRETARY
         PALLIKULAM, CHIRAKKAL PO, KANNUR,
         PIN - 670 011.
                                                     2024:KER:81358

WP(C) No.31948 of 2024
                                   :2:

           BY ADVS
                         P.U.SHAILAJAN
                         SHEEJA C.S., SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP                FOR
ADMISSION ON 30.10.2024, THE COURT ON THE SAME                DAY
DELIVERED THE FOLLOWING:
                                                         2024:KER:81358

WP(C) No.31948 of 2024
                                    :3:




                            JUDGMENT

Dated this the 30th day of October, 2024

The petitioner, who has availed a financial advance

from the 3rd respondent-Bank and against whom coercive

proceedings were taken by the Bank for recovery, filed the

writ petition seeking to direct the Bank to grant 25 equated

monthly instalments to the petitioner for remitting the

outstanding amount.

2. When this writ petition came up for

admission, this Court passed an interim order on 09.09.2024

staying further proceedings against the petitioner on the

petitioner remitting Rs.3 lakhs by 15.10.2024.

3. Standing Counsel representing the Bank

submits that the petitioner has not remitted the amount as

directed by this Court.

2024:KER:81358

4. Heard.

5. The petitioner approached this Court

seeking instalment facility to repay the loan outstanding. The

petitioner has not remitted a part payment as directed by this

Court within the stipulated time. Therefore, the petitioner is

not entitled to any further reliefs from this Court.

The writ petition is dismissed. However, the

petitioner will be at liberty to approach the Bank for any

settlement of the loan account.

Sd/-

N.NAGARESH JUDGE AMR 2024:KER:81358

APPENDIX OF WP(C) 31948/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE IN E.P. NO. 1597/2022 DATED 03.06.2024 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 A TRUE COPY OF THE SALE NOTICE DATED 07.08.2024 ISSUED BY THE 2ND RESPONDENT.