JOSY MOL v. Alakode Service Co-operative Bank (C- 239)
WP(C)/13214/2025 · 2025-04-01
Murali Purushothaman
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6088 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6088 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP(C) No.13214 of 2025 1 2025:KER:27769 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO.13214 OF 2025 PETITIONER:
JOSY MOL, AGED 42 YEARS W/O.SHAJI THOMAS, OLIKALPALLATH HOUSE, KARTHIKAPURAM P.O., KANNUR DISTRICT, PIN - 670571 BY ADVS.TOM PIOUS PIOUS THOMAS RESPONDENTS: 1 ALAKODE SERVICE CO-OPERATIVE BANK (C- 239) ALAKODE P.O, KANNUR REP. BY ITS SECRETARY, PIN - 670571 2 SPECIAL SALE OFFICER ALAKODE SERVICE CO-OPERATIVE BANK (C- 239) ALAKODE P.O, KANNUR, PIN - 670571 3 ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), TALIPARAMBA TALIPARAMBA. P.O KANNUR, PIN – 670141 BY ADVS.M.R.JAYALATHA, SC SHEEJA C.S., SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.13214 of 2025 2 2025:KER:27769 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the award, Ext.P1 demand notice was issued to the petitioner. Later, the petitioner was issued with Ext.P2 notice informing her to avail the benefit of One Time Settlement Scheme. The petitioner has filed this writ petition for a direction to the respondents to permit her to pay the overdue amount in 15 equal monthly installments. 2. Smt.M.R.Jayalatha, the learned Counsel for the Society, on instructions, submits that, as on 31.03.2025, an amount of Rs.5,67,947/- is outstanding in the loan account of the
WP(C) No.13214 of 2025 3 2025:KER:27769 petitioner and that she 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 15 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.5,67,947/- in 15 equal monthly installments commencing from 02.05.2025, along with accrued interest and applicable charges. 5. If the petitioner defaults payment of any of the installments, it will be open to the respondents to proceed against her for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in
WP(C) No.13214 of 2025 4 2025:KER:27769 installments as above, all coercive proceedings against her pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of.
Sd/- MURALI PURUSHOTHAMAN JUDGE sp/02/04/2025
WP(C) No.13214 of 2025 5 2025:KER:27769 APPENDIX OF WP(C) 13214/2025 PETITIONER EXHIBITS Exhibit P 1 NOTICE DATED 22.08.2024 ISSUED BY THE RESPONDENT Exhibit P 2 NOTICE ISSUED BY THE RESPONDENT DATED NIL