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2025 DAILYLAW 4120 (KER)

SUBHA SREE.V.K v. THE CALICUT TOWN SERVICE CO-OPERATIVE BANK LTD

WP(C)/8963/2025 · 2025-04-04

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 8963 OF 2025 : 1 : 2025:KER:29383 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. 8963 OF 2025 PETITIONERS: 1 SUBHA SREE.V.K, AGED 47 YEARS W/O SATHEESH KEZHAKKE KOLLARAKKAL, CHEVARAMBALAM (P.O) KOZHIKODE DISTRICT, PIN - 673017 2 SATHEESH.K, AGED 55 YEARS AGED 55 KEZHAKKE KOLLARAKKAL, CHEVARAMBALAM (P.O) KOZHIKODE DISTRICT, PIN - 673017 BY ADVS. M.VIVEK RABINDRANATH V.T.MADHAVANUNNI T.K.SNEHASREE RESPONDENTS: 1 THE CALICUT TOWN SERVICE CO-OPERATIVE BANK LTD PERUVAYAL P.O, KOZHIKODE REPRESENTED BY ITS GENERAL MANAGER- 673008 2 THE ARBITRAOR/SPECIAL SALES OFFICER THE CALICUT TOWN SCB GROUP OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), SAHAKARANA BHAVAN, PUTHIYARA P.O, KOZHIKODE DISTRICT, PIN - 673004 BY ADV SANIL CHANDRAN K.V. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8963 OF 2025 : 2 : 2025:KER:29383 JUDGMENT The loan availed by the petitioners from the 1st respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Ext.P1 is the notice issued to the petitioners. The petitioners have filed this writ petition for a direction to the 1st respondent to clear off the liabilities in equal monthly installments. 2. Sri.Salil Chandran, learned counsel for the Society, submits that, as on 04.04.2025, an amount of Rs.25,29,471/- is outstanding in the loan account of the petitioners and the petitioners can be permitted to pay the said amount in reasonable installments. WP(C) NO. 8963 OF 2025 : 3 : 2025:KER:29383 3. The learned counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in 20 equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioners shall pay the outstanding amount of Rs.25,29,471/- along with accrued interest and applicable charges in 20 equal monthly installments commencing from 15.05.2025. (2) If the petitioners default payment of any of the installments, it will be open to the Society to proceed against them, for the recovery of the amount in WP(C) NO. 8963 OF 2025 : 4 : 2025:KER:29383 accordance with law. (3) To enable the petitioners to remit the installments, all coercive proceedings against them shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 8963 OF 2025 : 5 : 2025:KER:29383 APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 24.02.2025 ISSUED BY THE 1ST RESPONDENT