Kerala High Court
Nisha Gopal P vs Department Of Co-Operation Office Of ... on 11 September, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:69438
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024/20TH BHADRA, 1946
WP(C) NO. 24753 OF 2024
PETITIONER:
NISHA GOPAL P
AGED 35 YEARS, D/O GOPALAKRISHNAN,
KARAMANAKONATHVEED,NEDUMGAD, KARAMANA P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695 002.
BY ADV
ANANDAKRISHNAN K.
RESPONDENTS:
1 DEPARTMENT OF CO-OPERATION OFFICE OF THE REGISTRAR
OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN DPI JUNCTION,
THYCAUD (PO) THIRUVANANTHAPURAM,
PIN - 695 014.
2 THIRUVANANTHAPURAM SERVICE COOPERATIVE BANK
ASSISTANT REGISTRAR GENERAL OFFICE,
THIRUVANANTHAPURAM,REPRESENTED BY ITS SPECIAL SALE
OFFICER, PIN - 695 541.
3 THIRUVANANTHAPURAM SERVICE COOPERATIVE BANK
PULLIMOODE BRANCH THIRUVANANTHAPURAM, REPRESENTED
BY ITS SECRETARY, PIN - 695 006.
BY ADVS.
N.ANAND
T.L.SREERAM(K/356/1997)
RAJESH O.N.(K/000086/2019)
ROY ANTONY(K/000748/2023)
RESMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:69438
WP(C) No.24753 of 2024
:2:
JUDGMENT
Dated this the 11th day of September, 2024
The petitioner, who availed a financial
advance from the 3rd respondent-Bank and against whom the
3rd respondent has initiated coercive proceedings for
recovery, has filed the writ petition seeking the following
reliefs:
(i) To issue a writ of mandamus or any other
appropriate writ, order or direction to stop all the
coercive steps against his secured assets in pursuance
of Ext-P1 notice.
(ii) To pass such other writ order or direction that this
Hon'ble Court may deem fit and proper in the facts to
consider the petitioner's Application for under the
proposed scheme as notified in the Ext.P3 by the 1st
Respondent.
(iii) To issue any other writ, order, or direction that this
Hon'ble Court may deem fit and proper, considering the
facts of the case, to consider the representation filed by
the petitioner to the 2nd and 3rd respondents and
address her situation to amicably resolve the matter.
2. When the writ petition came up for
admission, this Court passed an interim order on 09.07.2024,
2024:KER:69438
staying further coercive proceedings against the petitioner
pursuant to Ext.P1 till 07.08.2024 on condition that the
petitioner shall remit an amount of Rs.1.5 lakhs within a
period of one month. The petitioner did not pay the amount
as directed by this Court.
3. When the writ petition came up on
07.08.2024, the Counsel appearing for the petitioner
submitted that the petitioner is hospitalized due to acute
health problem and he is proposing to approach the
Arbitration Adalat pursuant to Ext.P3. An application in this
regard will be submitted.
4. When the writ petition taken up for hearing
today, Standing Counsel representing the Bank submits that
the petitioner has not remitted Rs.1.5 lakhs as directed by
this Court on 09.07.2024.
5. Heard.
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6. The liability of the petitioner as on
05.08.2024 is Rs.12,42,480/-. The petitioner has not remitted
Rs.1.5 lakhs as directed by this Court. In the circumstances, I
am of the view that the petitioner is not entitled to any further
discretionary relief in the writ petition.
The writ petition is therefore dismissed.
However, this will be without prejudice to the right of the
petitioner, if any, to approach the Bank / Arbitration Adalat for
any settlement in the matter.
Sd/-
N.NAGARESH
JUDGE
AMR
2024:KER:69438
APPENDIX OF WP(C) 24753/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE SERVED TO
THE PETITIONER UNDER KERALA
COOPERATIVE SOCIETIES ACT, 1969 DATED
16.05.2024.
Exhibit P2 THE TRUE COPY OF THE REPRESENTATIONS
FILED BY THE FIRST PETITIONER TO THE
2ND AND 3RD RESPONDENTS, UNDATED.
Exhibit P3 THE TRUE COPY OF THE NOTIFICATION
ISSUED BY THE FIRST RESPONDENT DATED
07.06.2024.
Exhibit P4 THE TRUE COPY OF THE MEDICAL
CERTIFICATE OF THE PETITIONER'S FATHER
DATED 02.03.2024.
