Krishnan Nair C vs Kasargod Primary Co-Operative ...
2025 Latest Caselaw 4511 Ker

Kerala High Court

Krishnan Nair C vs Kasargod Primary Co-Operative ... on 25 February, 2025

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) NO.7757 OF 2025                        1



                                                   2025:KER:17513
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

 TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946

                              WP(C) NO.7757 OF 2025

PETITIONER:

             KRISHNAN NAIR C., AGED 62 YEARS, S/O N.KUNHAMBU
             NAIR, R/AT MARUTHADUKAM, KUNDAMKUZHY VILLAGE &
             POST, KASARGOD DISTRICT, PIN - 671541

             BY ADVS.
             SURESH KUMAR KODOTH
             SUKARNAN


RESPONDENTS:

      1      KASARGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND
             RURAL DEVELOPMENT BANK LTD, FF NO. 113, KASARGOD,
             REPRESENTED BY ITS SECRETARY, PO KASARGOD,
             PIN - 671121

      2      SENIOR INSPECTOR/SPECIAL SALE OFFICER
             KASARGOD PRIMARY CO- OPERATIVE AGRICULTURAL AND
             RURAL DEVELOPMENT BANK LTD. FF NO. 113, KASARGOD,
             PIN - 671121

             BY ADV.PUSHPARAJAN KODOTH, SC
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.02.2025,        THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.7757 OF 2025                    2



                                                         2025:KER:17513
                                  JUDGMENT

The loans availed by the petitioner from

the 1st respondent Society fell in arrears. The

Society initiated arbitration proceedings.

Pursuant to the arbitration awards, recovery

proceedings were initiated against the

petitioner. The petitioner has earlier approached

this Court by filing WP(C) No.38853 of 2022 and

this Court, by Ext.P7 judgment dated 01.12.2022,

permitted him to pay the overdue amount in

installments. Though the petitioner paid a

substantial portion of the overdue amount, he

defaulted payment of installments as directed in

Ext.P7. The Society, therefore, issued Ext.P9

sale notice. Ext.P10 is the paper publication of

the auction notice. The petitioner has filed this

2025:KER:17513 writ petition challenging Exts.P9 and P10.

2. When the writ petition came up for

consideration today, Sri.Pushparajan Kodoth, the

learned Standing Counsel for the respondent

Society, submits on instructions that, as on

today (25.02.2025), an amount of Rs.13,31,807/-

is overdue in the loan account of the petitioner

and the petitioner can be permitted to pay the

said amount in reasonable installments.

3. The learned Counsel for the petitioner

submits that the petitioner may be permitted to

pay the overdue amount in 10 equal monthly

installments.

4. In the facts and circumstances of the

case, there will be a direction to the petitioner

to pay the overdue amount of Rs.13,31,807/- in 10

2025:KER:17513 equal monthly installments commencing from

15.03.2025, along with accrued interest and

payable charges. The installments as above shall

be payable in addition to the regular EMIs.

5. If the petitioner defaults payment of

any of the installments, it will be open to the

Society to proceed against him for recovery of

the amount, in accordance with law. To enable the

petitioner to repay the amount in installments as

above, all coercive proceedings against him

pursuant to Exts.P9 and P10 shall stand deferred.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/25/02/2025

2025:KER:17513

APPENDIX OF WP(C) 7757/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ACCOUNT STATEMENT CONTAINING DETAILS OF THE LOANS

Exhibit P2 TRUE COPY OF THE RECEIPT DATED 19/3/2021 ISSUED BY THE BANK FOR RS. 3,07,622/-

Exhibit P2(a) TRUE COPY OF THE RECEIPT DATED 19/3/2021 FOR RS. 1,43,925/-

Exhibit P2(b) TRUE COPY OF THE RECEIPT DATED 19/3/2021 FOR RS. 1,24,310/-

Exhibit P2(c) TRUE COPY OF THE RECEIPT DATED 19/3/2021 FOR RS. 2,87,263/-

Exhibit P2(d) TRUE COPY OF THE RECEIPT DATED 19/3/2021 FOR RS. 1180/-

Exhibit P2(e) TRUE COPY OF THE RECEIPT DATED 19/3/2021 FOR RS. 1,88,533

Exhibit P2(f) TRUE COPY OF THE RECEIPT DATED 19/3/2021 FOR RS. 2,75,704/-

Exhibit P2(g) TRUE COPY OF THE RECEIPT DATED 19/3/2021 FOR RS. 1534/-

Exhibit P3 TRUE COPY OF THE RECEIPT DATED 14/3/2022

Exhibit P3(a) TRUE COPY OF THE RECEIPT DATED 31/3/2022 AN AMOUNT OF RS. 1, 30,000/-

2025:KER:17513 Exhibit P4 TRUE COPY OF PROCLAMATION OF SALE NOTICE IN EP NO. 50/22-23 DATED 29/10/2022

Exhibit P5 TRUE COPY OF THE RECEIPT DATED 24/11/2022 FOR PAYMENT OF RS. 1, 75,000/-

Exhibit P6 TRUE COPY OF THE AUCTION NOTICE HAS BEEN PUBLISHED IN THE MATHRUBHUMI DATED 27/11/2022,

Exhibit P7 TRUE COPY OF JUDGMENT DATED 1/12/2022 IN

Exhibit P8 TRUE COPY OF THE STATEMENT 5 ISSUED BY THE BANK SHOWING PAYMENT THROUGH 10 EQUAL INSTALLMENTS

Exhibit P9 TRUE COPY OF PROCLAMATION OF SALE NOTICE IN EP NO. 50/22-23 AND OTHER EPS DATED 21/1/2025

Exhibit P10 TRUE COPY OF PUBLIC SALE NOTICE DATED 15/2/2025 PUBLISHED IN MALAYALAM DAILY