Kerala High Court
Rohith.M vs The Calicut North Service Co-Operative ... on 21 August, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:63660
W.P (C) No.8712 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
WP(C) NO. 8712 OF 2025
PETITIONERS:
1 ROHITH.M,
AGED 46 YEARS,
S/O RATHNAKARAN, MAMIYIL HOUSE,
PANTHEERAMKAVU.P.O., PANTHEERAMKAVU,
KOZHIKODE, PIN - 673019
2 RATNAKARAN.M,
AGED 83 YEARS,
S/O VELAYUDHAN, MAMIYIL HOUSE,
PANTHEERAMKAVU.P.O., PANTHEERAMKAVU,
KOZHIKODE, PIN - 673019
BY ADVS.
SRI.RAAJESH S.SUBRAHMANIAN
SHRI.V.R.RAJESH
SHRI.S.V.SESIR
RESPONDENTS:
1 THE CALICUT NORTH SERVICE CO-OPERATIVE BANK LTD
NO.L37
KARUVASSERRY, KOZHIKODE
REPRESENTED BY ITS SECRETARY,
PIN - 673010
2025:KER:63660
W.P (C) No.8712 of 2025
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2 SECRETARY
CALICUT NORTH SERVICE CO-OPERATIVE BANK LTD
NO.L37,
KARUVASSERRY, KOZHIKODE, PIN - 673010
3 CALICUT NORTH SERVICE CO-OPERATIVE BANK LTD
NO.L37
KARAPARAMBU BRANCH, KARAPARAMBA,
KOZHIKODE, PIN - 673010
4 ARBITRATOR/SPECIAL SALE OFFICER
CALICUT NORTH SCB GROUP,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL),
PUTHIYARA , KOZHIKODE, PIN - 673004
BY ADVS.
SRI.P.P.JACOB
SMT.MARIYAM JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:63660
W.P (C) No.8712 of 2025
3
K.BABU, J.
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W.P (C) No.8712 of 2025
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Dated this the 21st day of August, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the
Constitution of India are as follows:
"i. Issue a writ of Certiorari or other appropriate writ
order or order to call for the records leading to
Exhibit P3 and to quash the same;
ii. Issue a writ of Mandamus or other appropriate writ
order or direction to the respondents to permit the
petitioners to pay the overdue amount which is due
to the respondent bank in installments within a time
period to be fixed by this court and to regularize the
loan account;
iii. Such other relief's which this Hon'ble Court deems fit
and necessary in the circumstances of the case and
the costs of this case.
iv. To dispense with the production of translated copies
of vernacular documents."
2. Heard both sides.
3. Upon instructions, the learned Standing Counsel for the
respondent bank submits that the bank is agreeable to permit the
petitioners to remit the overdue amount in eighteen equal monthly
2025:KER:63660
instalments.
4. In the above circumstances, the Writ Petition is
disposed of with the following directions:
(i) Respondent bank is directed to regularize
the loan account by accepting repayment of
the entire overdue amount of Rs.17,43,962/-
(Rupees Seventeen Lakhs Forty Three
Thousand Nine Hundred and Sixty Two
only) along with Bank charges from the
petitioners.
(ii) The petitioners shall remit the overdue
amount of Rs.17,43,962/- together with any
accrued interest and charges in eighteen
equal monthly instalments.
(iii) The first instalment shall be paid on or
before 22.09.2025 and the subsequent
instalments shall be paid on or before the
2025:KER:63660
last working day of every succeeding month.
(iv) The petitioners shall continue to pay the
regular EMIs in terms of the contract.
(v) In the event of default of any one instalment,
the respondent Bank is entitled to proceed
in accordance with law.
(vi) The coercive proceedings initiated against
the petitioners shall be kept in abeyance to
facilitate repayment as stated above.
Sd/-
K.BABU,
JUDGE
KAS
2025:KER:63660
APPENDIX OF WP(C) 8712/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE PASS BOOK OF
THE LOAN ACCOUNT NO.106230020000342
(NAMT 342) ISSUED BY THE 1ST RESPONDENT
Exhibit P2 A TRUE PHOTOCOPY OF THE STATEMENT OF
THE LOAN ACCOUNT BEARING NO.
106230020000342 (NAMT 342)
Exhibit P3 A TRUE PHOTOCOPY OF THE NOTICE DATED:
14/02/2025 IN EP.NO.4181/24 ISSUED BY
THE 4TH RESPONDENT
