TONY.P.R v. THE KURIACHIRA SERVICE CO-OPERATIVE BANK LTD. NO.637
WP(C)/8482/2025 · 2025-04-03
Murali Purushothaman
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 4098 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4098 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:29477 WP(C) NO. 8482 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. 8482 OF 2025 PETITIONER: TONY.P.R AGED 57 YEARS S/O.RAPPAI, PAINADAN HOUSE, SASTHRI LINE, CHIYYARAM.S.O., THRISSUR., PIN - 680026 BY ADVS. LINDONS C.DAVIS E.U.DHANYA P.JAHANGEER N.S.SHAMILA CHINJU P. JOYIES RESPONDENTS: 1 THE KURIACHIRA SERVICE CO-OPERATIVE BANK LTD. NO.637 REPRESENTED BY ITS SECRETARY, MAIN ROAD, KURIACHIRA POST, THRISSUR., PIN - 680006 2 ASSISTANT REGISTRAR (GENERAL) OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), AYYANTHOLE, THRISSUR., PIN - 680003 3 SPECIAL SALE OFFICER KURIACHIRA SCB GROUP, OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), AYYANTHOLE, THRISSUR., PIN - 680003 BY ADV RANJITH XAVIER
2025:KER:29477 WP(C) NO. 8482 OF 2025 2 Sri. V.K.Sunil, Sr GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:29477 WP(C) NO. 8482 OF 2025 3 JUDGMENT The petitioner along with his wife availed a loan from the 1st respondent Society. They defaulted payment of installments and the Society initiated arbitration proceedings. 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 permit him to pay the outstanding amount in 24 monthly installments. 2. Sri.Ranjith Xavier, the learned counsel for the Society, on instructions, submits that, as on today, an amount of Rs.43,73,242/- 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 18 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.43,73,242/- in 18 equal monthly installments commencing from 03.05.2025, along with accrued interest and payable charges. 2025:KER:29477 WP(C) NO. 8482 OF 2025 4
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:29477 WP(C) NO.
8482 OF 2025 5 APPENDIX OF WP(C) 8482/2025 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE FORM 8 SALE PROCLAMATION NOTICE DATED 20.11.2024 ALONG WITH FORM-9 AUCTION NOTICE IN EP NO.2087/2019 IN ARC NO.4197/2018 DATED
20.11.2024.