Shijula.P vs State Of Kerala
2024 Latest Caselaw 26926 Ker

Kerala High Court

Shijula.P vs State Of Kerala on 6 September, 2024

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W.P.(C) No.211 of 2024



                                                         2024:KER:67745

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                         WP(C) NO. 211 OF 2024

PETITIONER:

               SHIJULA.P
               AGED 41 YEARS, D/O LATE SURENDRAN
               MADATHIL PARAMBA, KAKKODI, MAKKADA P O,
               KOZHIKODE, PIN - 673611

               BY ADV.
               SRI.SUVIN.R.MENON

RESPONDENTS:

1              STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO THE
               GOVERNMENT OF KERALA, DEPARTMENT OF
               CO-OPERATION, GOVERNMENT SECRETARIAT
               THIRUVANANTHAPURAM, PIN - 695001
2              REGISTRAR OF CO-OPERATIVE SOCIETIES
               OFFICE OF THE REGISTRAR OF CO-OPERATIVE
               SOCIETIES JAWAHAR SAHAKARANA BHAVAN
               DPI JUNCTION, THYCAUD (PO)
               THIRUVANANTHAPURAM, PIN - 695014
3              JOINT REGISTRAR (GENERAL)
               JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
               (GENERAL) KOZHIKODE DISTRICT,
               PUTHIYARA, KOZHIKODE, PIN - 673004
4              ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
               KOZHIKODE, OFFICE OF JOINT REGISTRAR OF
               CO-OPERATIVE SOCIETIES (GENERAL) PUTHIYARA,
               KOZHIKODE, PIN - 673004
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W.P.(C) No.211 of 2024



                                                                  2024:KER:67745

5              CALICUT CITY SERVICE COOPERATIVE BANK LTD NO.
               D2777, REPRESENTED BY ITS GENERAL MANAGER,
               CITY BANK BUILDING, CITY BANK JUNCTION,
               CHALAPPURAM (POST), KOZHIKODE, PIN - 673002

               BY ADVS.
               SWATHI KUMAR B.S.
               HARISANKAR N UNNI(K/256/2016)
               JUSTINE JACOB - SR.GP.

        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.09.2024,          THE   COURT       ON   THE   SAME   DAY   DELIVERED    THE
FOLLOWING:
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W.P.(C) No.211 of 2024



                                                          2024:KER:67745

                    HARISANKAR V. MENON, J.
             ------------------------------
                      W.P.(C) No.211 of 2024
             ------------------------------
             Dated this the 6th day of September, 2024

                               JUDGMENT

The petitioner has filed this writ petition, challenging the

execution proceedings pursuant to Ext.P1 Award issued by the

Arbitrator.

2. Sri.Suvin R.Menon, learned counsel for the petitioner,

only seeks an instalment facility for clearing the arrears covered

by Ext.P1.

3. Sri.B.S.Swathikumar, the learned counsel for the 5th

respondent, would point out that ten instalments may be

granted.

In view of the respective submissions, this writ petition

would stand disposed of, permitting the petitioner to clear the

arrears pursuant to Ext.P1 in ten equal monthly instalments

commencing from 15.10.2024.

If two successive defaults are committed by the petitioner,

the benefits of this judgment would stand recalled.

Needless to say that the petitioner would be free to make

2024:KER:67745

an appropriate application before the 5th respondent for availing

the benefits of the one-time settlement scheme, if any.

Sd/-

HARISANKAR V. MENON JUDGE

anm

2024:KER:67745

APPENDIX OF WP(C) 211/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 29.01.2019 OF THE ASSISTANT REGISTRAR OF COOPERATIVES, KOZHIKODE IN ARC NO. 628 OF

Exhibit P2 A TRUE COPY OF THE EXECUTION PETITION IN E.P NO. 223 OF 2022 ON THE FILES OF THE COURT OF II ADDITIONAL SUB JUDGE, KOZHIKODE Exhibit P3 A TRUE COPY OF THE PROCLAMATION OF SALE IN E.P. NO. 223 OF 2022 N ARC NO. 628 OF 2018 ISSUED BY THE CENTRAL NAZIR OF THE HON'BLE COURT OF THE IIND ADDITIONAL SUB COURT, KOZHIKODE Exhibit P4 A TRUE COPY OF THE CIRCULAR NO. 11/2017 DATED 23.01.2017 ISSUED BY THE 2ND RESPONDENT Exhibit P5 A TRUE COPY OF THE SCREEN SHOT OF THE WEBSITE OF THE 5TH RESPONDENT BANK Exhibit P6 A TRUE COPY OF THE CIRCULAR NO. 61 OF 2018 DATED 26.11.2018 ISSUED BY THE 2ND RESPONDENT