Ranjini C.P vs Assistant Registrar (General) Of ...
2024 Latest Caselaw 27073 Ker

Kerala High Court

Ranjini C.P vs Assistant Registrar (General) Of ... on 6 September, 2024

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WP(C) NO. 26097 OF 2024                            2024:KER:70357



            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. 26097 OF 2024


PETITIONER(S):

          RANJINI C. P.,
          AGED 54 YEARS, W/O HANURAJAN, AGED 54 YEARS,
          CHAMAM PUNATHIL, CHELANNUR, KOZHIKODE, PIN - 673616.

          BY ADV GODWIN JOSEPH


RESPONDENT(S):

    1     ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
          SOCIETIES, KOZHIKODE, 17/1082, TALUK OFFICE ROAD,
          OP. SAHAKARANA BHAVAN, PUTHIYARA, KOZHIKODE,
          PIN - 673004.

    2     JUNIOR INSPECTOR & ARBITRATOR
          O/O ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
          SOCIETIES, 17/1082, TALUK OFFICE ROAD, OP. SAHAKARANA
          BHAVAN, PUTHIYARA, KOZHIKODE, PIN - 673004.

    3     CALICUT NORTH SERVICE CO-OPERATIVE BANK
          REPRESENTED BY ITS SECRETARY, NO. NL.37, KARUVISSERY,
          KOZHIKODE, PIN - 673010.

          BY ADVS.
          P.P.JACOB - R3
          MARIYAM JACOB(K/001406/2018)


OTHER PRESENT:
           GP SMT. RESMI THOMAS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 26097 OF 2024                           2024:KER:70357




                          JUDGMENT

The petitioner has filed this writ petition challenging the

coercive proceedings initiated pursuant to Ext.P2 award dated

16.01.2023 with respect to arrears in a loan account with the

3rd respondent.

2. Sri.P.P.Jacob, the learned counsel for the 3rd

respondent, points out that the arrears are to the extent of

Rs.26,99,701/- and, therefore, ten instalments can be

granted.

3. Sri.Godwin Joseph, the learned counsel for the

petitioner, points out that on account of acute financial

difficulties, 15 instalments may be provided to the petitioner.

Considering the rival submissions, this writ petition will

stand disposed of, permitting the petitioner to clear the

arrears in 12 monthly instalments starting from 21.10.2024

consecutively. If the petitioner commits two successive

defaults in making payments, the respondent will be at liberty

WP(C) NO. 26097 OF 2024 2024:KER:70357

to continue with coercive proceedings against the petitioner

in accordance with law. If the petitioner makes payments as

directed above, coercive proceedings, if any, against the

petitioner shall stand deferred.

Sd/-

HARISANKAR V. MENON JUDGE Skk//19.09.2024

WP(C) NO. 26097 OF 2024 2024:KER:70357

APPENDIX OF WP(C) NO.26097 OF 2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PLAINTS DATED 14.10.2022 FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT IN ARC NO. 8203/2022.

EXHIBIT P2 A TRUE COPY OF THE AWARD DATED 16.01.2023 PASSED BY THE 2ND RESPONDENT IN ARC NO. 8203/2022.

RESPONDENTS' EXHIBITS:     NIL