Kerala High Court
Shahida T.K vs Calicut North Service Cooperative Bank ... on 8 September, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:66383
W.P (C) No.940 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947
WP(C) NO. 940 OF 2025
PETITIONER:
SHAHIDA T.K
AGED 51 YEARS
D/O BEERANKOYA, KIZHAKKECHALIL HOUSE,
MEDICAL COLLEGE P.O., NELLIKKADU AMSHAM,
KOVOOR DESHAM, KOZHIKODE TALUK,
KOZHIKODE DISTRICT., PIN - 673008
BY ADVS.
DR.V.N.SANKARJEE
SHRI.V.N.MADHUSUDANAN
SMT.R.UDAYA JYOTHI
SMT. KEERTHI B. CHANDRAN
SHRI.VIJAYAN PILLAI P.K.
SHRI.SINEESH K.M.
SMT.SHILPA P.S.
SHRI.UNNIKRISHNAN H.
SHRI.ASWIN P.S.
RESPONDENTS:
1 CALICUT NORTH SERVICE COOPERATIVE BANK LTD.
L.L.37,
KARUVASSERI P.O., VENGERI AMSHAM,
KARUVASSERI AMSHAM, KOZHIKODE TALUK,
KOZHIKODE DISTRICT, REPRESENTED BY ITS
SECRETARY., PIN - 673010
2025:KER:66383
W.P (C) No.940 of 2025
2
2 MOHANAN T,
S/O KESAVAN NAIR, AGED 65,
AREEKKAL MEETHAL HOUSE, MADAVOOR P.O.,
MADAVOR AMSHAM, MADAVOOR DESHAM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT.,
PIN - 695602
3 THE ARBITRATOR/SPECIAL SALE OFFICER,
CALICUT NORTH SERVICE COOPERATIVE BANK,
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 COME UP FOR
ADMISSION ON 08.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:66383
W.P (C) No.940 of 2025
3
K.BABU, J.
--------------------------------------
W.P (C) No.940 of 2025
---------------------------------------
Dated this the 8th day of September, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the
Constitution of India are as follows:
"i. Issue a writ in the nature of certiorari or any other
appropriate writ, order or direction quashing Exhibit
P-4 notice after calling for the records leading
thereto;
ii. Issue a writ in the nature of certiorari or any other
appropriate writ, order or direction quashing Exhibit
P5 notice in as much as it relates to the petitioner; or
iii. Dispense with filing of the translation of vernacular
documents; and
iv. Pass such other orders as this Honourable Court
deems fit and proper in the facts and circumstances
of the case."
2. Heard both sides.
3. Upon instructions, the learned Standing Counsel for the
respondent bank submits that the bank is agreeable to permit the
petitioner to remit the overdue amount in twenty four equal
monthly instalments.
2025:KER:66383
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.29,47,624/-
(Rupees Twenty Nine Lakhs Forty Seven
Thousand Six Hundred and Twenty Four
only) along with Bank charges from the
petitioner.
(ii) The petitioner shall remit the overdue
amount of Rs.29,47,624/- together with any
accrued interest and charges in twenty four
equal monthly instalments.
(iii) The first instalment shall be paid on or
before 08.10.2025 and the subsequent
instalments shall be paid on or before the
last working day of every succeeding month.
2025:KER:66383
(iv) The petitioner 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 petitioner shall be kept in abeyance to
facilitate repayment as stated above.
Sd/-
K.BABU,
JUDGE
KAS
2025:KER:66383
APPENDIX OF WP(C) 940/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT DATED 25.9.2024
IN O.S. NO. 493/2024 ON THE FILE OF THE
MUNSIFF COURT-II, KOZHIKODE
Exhibit P2 TRUE COPY OF I.A. NO. 1/2024 IN O.S.
NO. 493/2024 ON THE FILE OF THE MUNSIFF
COURT-II, KOZHIKODE
Exhibit P3 TRUE COPY OF THE COUNTER STATEMENT
DATED 7.10.2024 FILED BY THE 1ST
RESPONDENT IN I.A. NO. 1/2024 IN O.S.
NO. 493/2024 ON THE FILE OF THE MUNSIFF
COURT-II, KOZHIKODE
Exhibit P4 TRUE COPY OF THE NOTICE DATED 4.12.2024
ISSUED BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE SALE NOTICE PUBLISHED
IN MALAYALA MANORAMA DAILY, CALICUT
EDITION DATED 4.1.2025 BY THE 1ST
RESPONDENT
