RATNAVALLI M v. THE CALICUT CITY SERVICE COOPERATIVE BANK LIMITED
WP(C)/10103/2025 · 2025-03-27
Ziyad Rahman A A
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 4499 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4499 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:27244 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 10103 OF 2025 PETITIONER/S:
RATNAVALLI M AGED 76 YEARS W/O RATNAKARAN, MAMIYIL HOUSE, PANTHEERANKAVU P.O., KOZHIKODE, PIN - 673019 BY ADVS. MUDASSER AHAMED MUNEER AHMED JAYKAR.K.S. RESPONDENT/S: 1 THE CALICUT CITY SERVICE COOPERATIVE BANK LIMITED NO. D-2777, REPRESENTED BY ITS GENERAL MANAGER, CHALAPPURAM P.O., KOZHIKODE, PIN - 673002 2 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL) SAHAKARANA BHAVAN, PUTHIYARA P.O., KOZHIKODE, PIN - 673004 BY ADVS. SWATHI KUMAR B.S.
K.MINI MOLE (M-1356)(K/000307/1989)
W.P.C No.10103 of 2025 2 2025:KER:27244 OTHER PRESENT: Shri. Imam Gregorious Karat THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C No.10103 of 2025 3 2025:KER:27244 JUDGMENT The petitioner is aggrieved by the recovery proceedings initiated against the petitioner at the instance of the respondents herein for realising the amount due from her towards the credit facilities availed by her. The limited relief sought by the petitioner is for an opportunity to regularise the loan account in easy monthly instalments. 2. The learned Standing Counsel for respondents upon instructions submitted that, in order to regularise the loan account, the petitioner has to pay a total amount of Rs.28,78,396/- which is the amount due as on today. 3. Considering the fact that the petitioner is seeking only a limited relief to get an opportunity to regularise the loan account in instalments, I am inclined to take a lenient view on the matter. Accordingly, this writ petition is disposed of, permitting the petitioner to clear off the entire overdue charges as referred to above along with future interest and other charges in 12
W.P.C No.10103 of 2025 4 2025:KER:27244 monthly instalments along with regular monthly instalments. The first instalment shall become payable on 27.04.2025. The remaining instalments shall become due on the 27th day of succeeding months. In case the petitioner fails to remit any of the instalments as referred to above or the regular instalments, the facility shall stand cancelled and in such an event, it shall be open for the respondents to recommence the recovery proceedings from the point it was stopped. Subject to the above, the recovery proceedings shall stand stayed.
Sd/- ZIYAD RAHMAN A.A.
JUDGE rpk
W.P.C No.10103 of 2025 5 2025:KER:27244 APPENDIX OF WP(C) 10103/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE PETITIONER’S PASSBOOK ISSUED FROM THE 1ST RESPONDENT BANK Exhibit P2 THE TRUE COPY OF THE REFERENCE CARD ISSUED BY THE KOZHIKODE DISTRICT CO- OPERATIVE HOSPITAL TO THE PETITIONER Exhibit P3 THE TRUE COPY OF THE PETITIONER’S SCAN REPORT DATED 01-05-2019 ISSUED FROM THE KOZHIKODE DISTRICT CO-OPERATIVE HOSPITAL Exhibit P4 THE TRUE COPY OF THE OP CASE SHEET DATED 12-01-2021 ISSUED BY THE KOZHIKODE DISTRICT CO-OPERATIVE HOSPITAL TO THE PETITIONER Exhibit P5 THE TRUE COPY OF THE SCAN REPORT OF THE PETITIONER DATED 20-12-2021 ISSUED BY THE MALABAR HOSPITAL KOZHIKODE Exhibit P6 THE TRUE COPY OF THE ORDER PASSED BY THE 1ST ADDITIONAL SUB COURT, KOZHIKODE DATED 29-07-2024 IN EP NO. 702/2022 Exhibit P7 THE TRUE COPY OF THE SUMMONS RECEIVED BY THE PETITIONER FROM THE 1ST ADDITIONAL SUB COURT, KOZHIKODE IN EA NO. 65/2025 ALONG WITH THE AFFIDAVIT FILED BY THE 1ST RESPONDENT BANK