Kerala High Court
Vinila S.V vs State Of Kerala Represented By Its ... on 27 October, 2025
2025:KER:80411
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 27TH DAY OF OCTOBER 2025 / 5TH KARTHIKA, 1947
WP(C) NO. 21583 OF 2025
PETITIONERS:
1 VINILA S.V,
AGED 43 YEARS,
D/O.(LATE) VEERENDRAN V, DEVAKINANDA, CPV-128A,
MANNANTE POYKA, MAVINMOODU, KALLAMBALAM,
THIRUVANANTHAPURAM, PIN - 695605.
2 SARALA A,
AGED 68 YEARS,
W/O.(LATE) VEERENDRAN V, DEVAKINANDA, CPV-128A,
MANNANTE POYKA, MAVINMOODU, KALLAMBALAM,
THIRUVANANTHAPURAM, PIN - 695605.
BY ADVS.
SRI.SUMAN CHAKRAVARTHY
SMT.K.R.RIJA
SMT.BREJITHA UNNIKRISHNAN
SHRI.SUDEESH K.E.
SMT.SURYA R.
SHRI.PRAHLADH S.P.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,
CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES,
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), JAWAHAR
SAHAKARA BHAVAN, DPI JUNCTION, THYCAUD P.O,
THIRUVANANTHAPURAM, PIN - 695014.
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3 KADAKAMPALLY SERVICE CO-OPERATIVE BANK,
REPRESENTED BY ITS SECRETARY, KADAKAMPALLY,
THIRUVANANTHAPURAM, PIN - 695027.
4 THE SPECIAL SALES OFFICER,
KOLIYOOR SCS GROUP, OFFICE OF THE ASSISTANT
REGISTRAR (GENERAL) THIRUVANANTHAPURAM,
PIN - 695014.
5 P.ANILKUMAR,
C/O.RAJI DINESHAN, DWARAKA, AKKARAVILA, NJEKKAD,
VADASSERIKONAM P.O., THIRUVANANTHAPURAM,
PIN - 695143.
BY ADVS.
SRI.D.KISHORE
SMT.MEERA GOPINATH
SRI.R.MURALEEKRISHNAN (MALAKKARA)
SHRI.ANANT KISHORE
SMT.C.S.SHEEJA, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The 1st petitioner is the daughter of the 2nd petitioner. The
petitioners have availed two separate loans from the respondent Bank.
On default being committed, proceedings had initiated against the
petitioners under the provisions of the Kerala Co-operative Societies
Act, 1969 and awards were obtained determining their liabilities. The
awards have become final and have not been challenged by the
petitioners. On the awards being put to execution, the property
belonging to the petitioners has been brought to sale. The petitioners
have thus approached this Court by filing the above writ petition and
seeking the following reliefs:-
"i) To Issue a writ of certiorari or any other appropriate writ, order or
direction calling for the records leading to Exts.P1 to P8 and set aside
the same.
ii) To give sufficient opportunity to the petitioners to negotiate with the
3rd respondent and release the properties covered in Ext P2, P5 and
P8."
2. The learned counsel for the petitioners would submit that
the petitioners may be permitted to clear the liability in instalments.
3. It is submitted on behalf of the respondent bank that the
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petitioners committed default in repayment of loans and the total
outstanding amount as on 29.08.2025 is Rs.43,45,548/- (Rs.11,44,053/-
+ Rs.32,01,495/-). It is further submitted that though proceedings for
recovery have been initiated, as a matter of indulgence, the respondent
bank is willing to accept repayment of the outstanding amount in
limited instalments.
4. Having regard to the circumstances of the case and the
submissions made as recorded above, I am of the view that the
petitioners can be granted an opportunity to repay the outstanding
amount along with any accrued interest, costs and charges in 17
instalments.
5. Accordingly, there will be a direction to the respondent bank
to accept repayment of the entire outstanding amount of Rs.43,45,548/-
(Rupees forty three lakhs forty five thousand five hundred and forty
eight only) along with any accrued interest, costs and charges from the
petitioners in the following manner:-
(i) The petitioners shall pay the outstanding amount of Rs.43,45,548/-
(Rupees forty three lakhs forty five thousand five hundred and forty
eight only) along with any accrued interest, costs and charges in 17
equated monthly instalments;
(ii) The first instalment shall be paid on or before 20.11.2025 and the
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subsequent instalments shall be paid on or before the 20 th day of every
succeeding months;
(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 petitioners to repay the entire amounts, all
coercive proceedings shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 21583 OF 2025
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APPENDIX OF WP(C) 21583/2025
PETITIONER EXHIBITS
Exhibit -P1 A TRUE COPY OF THE AWARD DATED NIL PASSED
BY THE 4TH RESPONDENT IN ARC NO.3392/18
AGAINST THE 2ND PETITIONER AND 5TH
RESPONDENT ALONG WITH ITS TYPED COPY
Exhibit-P2 A TRUE COPY OF THE NOTICE UNDER FORM-6
DATED 01.02.2025
Exhibit-P3 A TRUE COPY OF THE ATTACHMENT NOTICE
UNDER FORM-7
Exhibit -P4 A TRUE COPY OF THE ARBITRATION AWARD
DATED NIL IN ARC 3393/18 PASSED BY THE
4TH RESPONDENT ALONG WITH ITS TYPED COPY
Exhibit -P5 A TRUE COPY OF THE FORM-6 NOTICE DATED
01.02.2025
Exhibit -P6 A TRUE COPY OF THE FORM-7 NOTICE DATED
NIL
Exhibit -P7 A TRUE COPY OF THE ARBITRATION REFERENCE
AWARD DATED NIL IN ARC NO.106/18 ALONG
WITH ITS TYPED COPY
Exhibit-P8 A TRUE COPY OF THE ATTACHMENT NOTICE
UNDER FORM-6 DATED 06.01.2025
RESPONDENT EXHIBITS
Exhibit R3(a) TRUE COPY OF THE GEHAN EXECUTED BY THE
PETITIONER AS WELL AS THE GUARANTOR ON
5.11.2015
Exhibit R3(b) TRUE COPY OF THE CLAIM PETITION DATED
APRIL, 2018 SUBMITTED BY THE 3RD
RESPONDENT BEFORE THE 2ND RESPONDENT
Exhibit R3(c) TRUE COPY OF THE AWARD DATED NIL IN ARC
106/2018 OF THE ARBITRATOR
Exhibit R3(d) TRUE COPY OF THE GEHAN EXECUTED BY THE
2ND PETITIONER AS WELL AS THE GUARANTOR
ON 26.12.2017
Exhibit R3(e) TRUE COPY OF THE CLAIM PETITION DATED
10.12.2018 SUBMITTED BY THE 3RD
RESPONDENT BEFORE THE 2ND RESPONDENT
Exhibit R3(f) TRUE COPY OF THE AWARD DATED NIL IN ARC
3392/2018 OF THE ARBITRATOR
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Exhibit R3(g) TRUE COPY OF THE GEHAN EXECUTED BY THE
5TH RESPONDENT ON 26.12.2017
Exhibit R3(h) TRUE COPY OF THE AWARD DATED NIL IN ARC
3393/2018 OF THE ARBITRATOR
