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2025 DAILYLAW 3957 (KER)

ANIRUDHAN K v. THE AUTHORIZED OFFICER

WP(C)/8227/2025 · 2025-04-03

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29525 WP(C) NO. 8227 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 8227 OF 2025 PETITIONER: ANIRUDHAN K AGED 58 YEARS S/O.KUNHIRAMAN, ‘ASWNEES’, NEAR ASOKA MANDHIRAM, AZHIKKAL P.O. KANNUR, PIN - 670009 BY ADVS. ABDUL RAOOF PALLIPATH E.MOHAMMED SHAFI PRAJIT RATNAKARAN KRISHNAPRIYA R. SOORYA K. ANJU DONY RESPONDENTS: 1 THE AUTHORIZED OFFICER AZHIKODE SERVICE CO-OPERATIVE BANK LTD, ALAVIL, AZHIKKAL ROAD, KANNUR, PIN - 670009 2 AZHIKODE SERVICE CO-OPERATIVE BANK LTD ALAVIL, AZHIKKAL ROAD, KANNUR REPRESENTED BY ITS MANAGER, PIN - 670009 BY ADV RAJESH SUKUMARAN K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29525 WP(C) NO. 8227 OF 2025 2 JUDGMENT The petitioner had availed a loan from the 2nd respondent Society. He defaulted payment of installments and the Society initiated arbitration proceedings. Pursuant to the award, Ext.P3 demand notice prior to attachment was issued to the petitioner and the petitioner has filed this writ petition for direction to the respondents to allow the petitioner to repay the arrears in 24 monthly installments. 2. Sri.K.Rajesh Sukumaran, the learned counsel for the Society, on instructions, submits that, as on 31.03.2025, an amount of Rs.40,58,983/- is outstanding 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 outstanding amount in 20 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.40,58,983/- in 20 equal monthly installments commencing from 03.05.2025, along with accrued interest and payable charges. 2025:KER:29525 WP(C) NO. 8227 OF 2025 3 5. It is made clear that in case of default in payment of any single installment, the petitioner will lose the benefit of this judgment and the respondents can proceed with recovery steps in accordance with law. Writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE GBG 2025:KER:29525 WP(C) NO. 8227 OF 2025 4 APPENDIX OF WP(C) 8227/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF DEMAND NOTICE NO. 1132/24 ISSUED BY THE 2ND RESPONDENT DATED 12.12.2024 Exhibit P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 16.12.2024 Exhibit P3 A TRUE COPY OF THE NOTICE UNDER FORM 6 DATED 12.02.2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER