Leena Rajeev vs The Arbitrator/Inspector Of ... on 15 December, 2025

                                                           2025:KER:96470
WP(C) Nos.17263 & 33989 of 2025 1


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE GOPINATH P.

   MONDAY, THE 15TH DAY OF DECEMBER 2025 / 24TH AGRAHAYANA, 1947

                        WP(C) NO. 17263 OF 2025

PETITIONER/S:
           LEENA RAJEEV , AGED 52 YEARS
           W/O RAJEEV KALEEKKAL PARAMPIL POTHAPALLY NORTH
           KUMARAPURAM VILLAGE KARTHIKAPPALLY TALUK
           ALAPPUZHA DISTRICT, PIN - 690516

            BY ADVS.
            SRI.S.SHANAVAS KHAN
            SMT.S.INDU
RESPONDENT/S:
     1     THE ARBITRATOR/INSPECTOR OF CO-OPERATIVE SOCIETIES
           ARBITRATION AND EXECUTION II UNIT OFFICE OF THE
           ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
           (GENERAL), KARTHIKAPPALLY
           ALAPPUZHA DISTRICT, PIN - 690516

    2       THE SPECIAL SALE OFFICER, KUMARAPURAM SCB GROUP
            OFFICE OF THE ASSISTANT REGISTRAR (GENERAL)
            KARTHIKAPPALLY ALAPPUZHA DISTRICT, PIN - 690516

    3       THE KUMARAPURAM SERVICE CO-OPERATIVE BANK LTD. NO. 2147
            THAMALLACKAL P.O. HARIPAD ALAPPUZHA
             REPRESENTED BY ITS SECRETARY, PIN - 690548

            BY ADVS.
            SMT.KAVERY S THAMPI
            SHRI.SARANGADHARAN P.
            SRI. V.K. SUNIL, GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
15.12.2025, ALONG WITH WP(C).33989/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                                2025:KER:96470
WP(C) Nos.17263 & 33989 of 2025 2



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                     THE HONOURABLE MR. JUSTICE GOPINATH P.

   MONDAY, THE 15TH DAY OF DECEMBER 2025 / 24TH AGRAHAYANA, 1947

                               WP(C) NO. 33989 OF 2025

PETITIONER/S:
           LEENA RAJEEV, AGED 52 YEARS
           W/O. RAJEEV,KALEEKKAL PARAMPIL POTHAPALLY
           NORTH,KUMARAPURAM VILLAGE, KARTHIKAPPALLY TALUK
           ALAPPUZHA DISTRICT, PIN - 690516

                  BY ADVS.
                  SRI.S.SHANAVAS KHAN
                  SMT.S.INDU
                  SHRI.GOVIND H. NAIR
RESPONDENT/S:
     1     THE ARBITRATOR/INSPECTOR OF CO-OPERATIVE SOCIETIES
                  ARBITRATION AND EXECUTION II UNIT
                  OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
                  (GENERAL), KARTHIKAPPALLY
                   ALAPPUZHA DISTRICT, PIN - 690516

       2          THE SPECIAL SALE OFFICER, KUMARAPURAM SCB LTD.
                  OFFICE OF THE ASSISTANT REGISTRAR (GENERAL)
                  KARTHIKAPPALLY ALAPPUZHA DISTRICT, PIN - 690516

       3          THE KUMARAPURAM SERVICE CO-OPERATIVE BANK LTD. NO. 2147
                  THAMALLACKAL P.O. HARIPAD ALAPPUZHA
                  REPRESENTED BY ITS SECRETARY, PIN - 690548

                  BY ADVS.
                  SMT.KAVERY S THAMPI
                  SHRI.SARANGADHARAN P.
                  SRI. V.K. SUNIL, GP
THIS       WRIT     PETITION    (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
15.12.2025, ALONG WITH WP(C).17263/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                                2025:KER:96470
WP(C) Nos.17263 & 33989 of 2025 3



                                  JUDGMENT

[WP(C) Nos.17263/2025, 33989/2025]

These two writ petitions are filed by one and the same

person. The petitioner availed two separate loans from the

respondent bank. On default being committed, proceedings were

initiated against the petitioner under the provisions of Section 69

of the Kerala Co-operative Societies Act,1969 and Awards were

obtained determining the liability of the petitioner. When the

Awards were put to execution, the petitioner initially approached

this Court by filing W.P.(C) No.17263 of 2025, where this Court

passed the following order on 02.05.2025:-

''Admit.

Issue notice by speed post to respondents 2 and 3. There will be an interim stay of all further proceedings pursuant to Exhibit P2 on condition that the petitioner remits a sum of Rs.2.5 Lakhs within a period of one month and thereafter a further sum of Rs.2.5 Lakhs within a further period of one month.

Post on 30.05.2025.''

The petitioner did not comply with the condition imposed in the

interim order dated 02.05.2025.

2025:KER:96470 WP(C) Nos.17263 & 33989 of 2025 4

2. In respect of the other loan obtained by the petitioner,

the petitioner filed W.P.(C) No.33989 of 2025. A perusal of the

pleadings in W.P.(C) No.33989 of 2025 will indicate that though

the filing of the earlier writ petition as W.P.(C) No.17263 of 2025

was disclosed by mentioning the same in the affidavit in support

of the latter writ petition, the petitioner did not disclose the fact

that there was an interim order in W.P.(C) No.17263 of 2025 and

also the fact that the petitioner had failed to comply with the

condition imposed in the interim order dated 02.05.2025.

3. This Court passed the following interim order on

16.09.2025 in W.P.(C) No.33989 of 2025, granting an

unconditional interim order to the petitioner:-

''Admit.

Issue notice to the respondents. It is submitted that the petitioner is prepared to pay the amount due to the respondent bank in instalments.

If sale has already taken place, its confirmation shall stand deferred by two months. ''

It is clear that this Court would not have passed the interim order

dated 16.09.2025, if this Court had been made aware of the fact

that the petitioner had not complied with the condition imposed in

the interim order dated 02.05.2025 in W.P.(C) No.17263 of 2025..

4. Learned counsel appearing for the petitioner in both 2025:KER:96470 WP(C) Nos.17263 & 33989 of 2025 5

these writ petition would submit that the petitioner had no

intention of suppressing any material facts and the filing of W.P.

(C) No.17263 of 2025 was mentioned in the affidavit in support of

the writ petition in W.P.(C) No.33989 of 2025.

5. Learned counsel appearing for the respondent bank

would submit that the outstanding amount in respect of the loan,

which is the subject matter of W.P.(C) No. 17263 of 2025 is

Rs.19,21,379/- (Rupees Nineteen lakhs twenty one thousand

three hundred and seventy nine only), as on 10.12.2025, while the

outstanding amount in respect of the loan which the subject

matter in W.P.(C) No.33989 of 2025 is, Rs.18,89,540/- (Rupees

Eighteen lakhs eighty nine thousand five hundred and forty only),

as on 12.12.2025. It is submitted that, if the petitioner pays a

substantial amount towards the loan liabilities in respect of both

loans immediately, the bank has no objection in some reasonable

instalments being permitted to the petitioner to clear the entire

liability.

6. Having heard the learned counsel appearing for the

petitioner in both the writ petitions and the learned counsel

appearing for the respondent bank, I am of the view that

technically, the petitioner is not entitled to any relief in the 2025:KER:96470 WP(C) Nos.17263 & 33989 of 2025 6

exercise of the discretionary jurisdiction vested in this Court

under Article 226 of the Constitution of India on account of the

conduct of the petitioner noticed above. However, on account of

the extremely fair stand taken by the learned counsel appearing

for the respondent bank, I dispose of this writ petition permitting

the petitioner to clear the total outstanding amount of

Rs.38,10,919/- (Rupees Thirty eight lakhs ten thousand nine

hundred and nineteen only), in respect of both loans put together,

in six equated monthly instalments.

7. Accordingly, there will be a direction to the

respondent bank to accept repayment of the entire outstanding

amount of Rs.38,10,919/- (Rupees Thirty eight lakhs ten thousand

nine hundred and nineteen only) along with accrued interest,

costs and bank charges from the petitioner in the following

manner:

(i) The outstanding amount of Rs.38,10,919/- (Rupees Thirty eight lakhs ten thousand nine hundred and nineteen only) shall be repaid in six equated monthly instalments along with any accrued interest, costs and charges;

(ii) The first instalment shall be paid on or before 15.01.2026 and the subsequent instalments shall be paid on or before the 15th day of the succeeding months;

2025:KER:96470 WP(C) Nos.17263 & 33989 of 2025 7

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;

(iv) In order to enable the petitioner to repay the entire amounts as above, all coercive proceedings shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P. JUDGE ajt 2025:KER:96470 WP(C) Nos.17263 & 33989 of 2025 8

APPENDIX OF WP(C) NO. 17263 OF 2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AWARD DATED 30/06/2021 IN ARC NO.121/2021 OF THE FIRST RESPONDENT Exhibit P2 TRUE COPY OF E.A DEMAND NOTICE NO.105/23 DATED 25/03/2025 ISSUED BY THE 2ND RESPONDENT 2025:KER:96470 WP(C) Nos.17263 & 33989 of 2025 9

APPENDIX OF WP(C) NO. 33989 OF 2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 29/04/2024 IN APPEAL NO.181/2023 OF THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P2 TRUE COPY OF DEMAND NOTICE PRIOR TO SALE DATED 01/08/2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE NOTICE DATED 12/08/2025 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER