Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 4081 (KER)

RATHI JAYARAM v. THE ASSISTANT REGISTRAR

WP(C)/8750/2025 · 2025-04-04

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 8750 OF 2025 : 1 : 2025:KER:29387 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 8750 OF 2025 PETITIONER: RATHI JAYARAM, AGED 53 YEARS W/O JAYARAM I.K., INCHAMUDI HOUSE, MARATHAKAM GARDEN, PURANATTUKARA, THRISSUR, PIN - 680551 BY ADVS. P.SIVARAJ M.MEHAR FARSANA RESPONDENTS: 1 THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, AYYANTHOLE, THRISSUR, PIN - 680003 2 AYYANTHOLE SERVICE CO-OPERATIVE BANK LTD NO.494, AYYANTHOLE, THRISSUR REPRESENTED BY ITS SECRETARY, PIN - 680003 3 SECRETARY AYYANTHOLE SERVICE CO-OPERATIVE BANK LTD NO.494, AYYANTHOLE, THRISSUR, PIN - 680003 4 SPECIAL SALE OFFICER AYYANTHOLE SCB LTD., NO.494, ASST. REGISTRAR (G) OFFICE, SAHAKARANA BHAVAN, AYYANTHOLE, THRISSUR, PIN - 680003 BY ADVS. WP(C) NO. 8750 OF 2025 : 2 : 2025:KER:29387 SUDEEP ARAVIND PANICKER A.S.DILEEP(K/655/1987) P.BINOD(K/647/1987) K.Y.SUDHEENDRAN(K/000625/1987) SUSEELA DILEEP(K/816/1994) K.N.HARISHANKAR(K/001647/2023) SRI S.DILEEP SRI.V.K.SUNIL, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8750 OF 2025 : 3 : 2025:KER:29387 JUDGMENT The loans availed by the petitioner from the 2nd respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the award, recovery steps were initiated by the respondent Society. In the meantime, the petitioner received a letter from the Special Sales Officer, directing the petitioner to participate in the Adalat for One Time Settlement. The petitioner has filed this writ petition for direction inter alia to grant installments facility to pay off the loan arrears. 2. The learned counsel for the Society, on instructions, submits that, as on today (04.04.2025), WP(C) NO. 8750 OF 2025 : 4 : 2025:KER:29387 an amount of Rs.53,97,994/- is 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 22 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.53,97,994/- along with accrued interest and applicable charges in 22 equal monthly installments commencing from 05.05.2025. WP(C) NO. 8750 OF 2025 : 5 : 2025:KER:29387 (2) If the petitioner defaults payment of any of the installments, it will be open to the Society 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. 8750 OF 2025 : 6 : 2025:KER:29387 APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER NO.SSO AYTL 1832/2024 DATED 17.07.2024 FROM THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE Exhibit P2 A TRUE COPY OF THE LETTER FROM THE 4TH RESPONDENT SPECIAL SALE OFFICER TO THE PETITIONER