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2025 DAILYLAW 6510 (KER)

SINI T.S v. PONNANI CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.

WP(C)/13589/2025 · 2025-04-02

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27984 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 13589 OF 2025 PETITIONER: SINI T.S AGED 51 YEARS S/O. SUBRAMANIAN, THAREPARAMBIL HOUSE PANAMPAD, PURANGA P.O, MARANCHERI, PONNANI MALAPURAM, PIN – 679 584. BY ADV M.KABANI DINESH RESPONDENTS: 1 PONNANI CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. M. 398, KUTTIKKAD JN., PONNANI P.O REPRESENTED BY ITS SECRETARY, PIN – 679 577. 2 THE SECRETARY PONNANI CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO. M. 398, KUTTIKKAD JN., PONNANI P.O, PIN – 679 577. SRI. V. KRISHNA MENON - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27984 WP(C) NO.13589 OF 2025 2 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears. The Society initiated proceedings under the Kerala State Co-operative (Agricultural and Rural Development Banks Act), 1984. Ext.P2 is the sale notice. The petitioner has filed this writ petition for a direction to the respondents to regularise the loan account by repaying the dues in twenty four equal monthly installments. 2. Sri.V.Krishna Menon, the learned counsel for the respondents, on instructions, submitted that, as on 01.04.2025, an amount of Rs.7,72,709/- is outstanding in the loan account of the petitioner and the petitioner can be 2025:KER:27984 WP(C) NO.13589 OF 2025 3 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 twelve 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.7,72,709/- in twelve equal monthly installments commencing from 15.05.2025 along with accrued interest and applicable charges. If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against the petitioner for recovery of the amount, in accordance with law. To enable the petitioner to 2025:KER:27984 WP(C) NO.13589 OF 2025 4 repay the amount in installments as above, all coercive proceedings against the petitioner pursuant to Ext.P2 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:27984 WP(C) NO.13589 OF 2025 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE STATEMENT AS ON 29.3.2025 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PROCLAMATION FOR SALE OF PROPERTY NOTICE DTD.12.3.2025. EXHIBIT P3 TRUE COPY OF THE LOAN RECEIPT DTD.3.3.2025 ISSUED BY THE RESPONDENT BANK. RESPONDENT EXHIBITS: NIL.