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2025 DAILYLAW 3112 (KER)

SUMADEVI v. THE MANAGER

WP(C)/1878/2025 · 2025-04-02

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 1878 OF 2025 : 1 : 2025:KER:28120 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 1878 OF 2025 PETITIONER: SUMADEVI, AGED 57 YEARS W/O.MADHUSOODANAN, MANEESH BHAVANAM, KOMANA MURI, AMBALAPPUZHA VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT- 688561 BY ADVS. ALEX K.JOHN SREEKUTTAN M. GEGO GEORGE RESPONDENTS: 1 THE MANAGER ALAPPUZHA DISTRICT CO-OPERATIVE BANK, NEAR TOWN HALL, ALAPPUZHA, PIN - 688001 2 JOINT REGISTRAR ALAPPUZHA DISTRICT CO-OPERATIVE BANK, NEAR TOWN HALL, ALAPPUZHA, PIN - 688001 3 SPECIAL SALE OFFICER ALAPPUZHA DISTRICT CO-OPERATIVE BANK, NEAR TOWN HALL, ALAPPUZHA, PIN - 688001 WP(C) NO. 1878 OF 2025 : 2 : 2025:KER:28120 BY ADV Thomas Abraham R BY SR.GP SMT.MABLE C.KURIAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1878 OF 2025 : 3 : 2025:KER:28120 JUDGMENT The loan availed by the petitioner from the Alappuzha District Co-operative Bank fell in arrears. The Bank initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the award, Ext.P1 sale notice was issued to the petitioner. Challenging Ext.P1, the petitioner has filed this writ petition. The petitioner has also sought for direction to the Bank to permit her to clear off the entire dues in 20 installments. 2. Sri.Thomas Abraham, learned counsel for the Bank, on instructions, submits that, as on today (02.04.2025), an amount of Rs.22,68,564/- is WP(C) NO. 1878 OF 2025 : 4 : 2025:KER:28120 outstanding in the loan account of the petitioner and the petitioner can be permitted pay the said amount in reasonable installments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 12 equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioner shall pay the outstanding amount of Rs.22,68,564/- along with accrued interest and applicable charges in 12 equal monthly installments commencing from 02.05.2025. WP(C) NO. 1878 OF 2025 : 5 : 2025:KER:28120 (2) If the petitioner defaults payment of any of the installments, it will be open to the Bank to proceed against her, for the recovery of the amount in accordance with law. (3) To enable the petitioner to remit the installments, all coercive proceedings against her shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 1878 OF 2025 : 6 : 2025:KER:28120 APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE NOTICE DATED 10.12.2024 ISSUED BY 1ST RESPONDENT