SATHYADEVAN K v. S.N.V. REGIONAL CO-OPERATIVE BANK LTD
WP(C)/14343/2025 · 2025-04-07
Murali Purushothaman
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 6924 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6924 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP(C) No.14343 of 2025 1 2025:KER:29982 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO.14343 OF 2025 PETITIONER:
SATHYADEVAN K., AGED 70 YEARS S/O KUMARAN, ALANGHAT HOUSE, KOLLAM DISTRICT, KOLLAM TALUK, MANTROTHURUTHU VILLAGE, VILLIMANGALAM, KOLLAM, PIN - 691310 BY ADVS. SHARAN SHAHIER RHEA SHERRY TREESA SHAJI SONA BENNY ANGELINA JOY ADITHYAN C. RESPONDENTS: 1 S.N.V. REGIONAL CO-OPERATIVE BANK LTD PARAVUR S.N.V.R.C BANK LTD.1685 PARAVUR, KOLLAM, PIN - 691301 2 SALE OFFICER PARAVUR S.N.V.R.C BANK LTD.1685 PARAVUR, KOLLAM, PIN - 691301
WP(C) No.14343 of 2025 2 2025:KER:29982 3 JR.INSPECTOR OF CO-OPERATIVE SOCIETIES SPECIAL SALE OFFICER PARAVUR S.N.V.R.C BANK LTD.1685 PARAVUR, KOLLAM, PIN - 691301 BY ADVS.B.SURESH KUMAR, SC REENA THOMAS, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.14343 of 2025 3 2025:KER:29982 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 arbitration award, Ext.P1 notice prior to attachment was issued to the petitioner. Challenging Ext.P1, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondents to permit him to pay the outstanding amount in reasonable installments. 2. Sri.B.Suresh Kumar, the learned Counsel for the Society, on instructions, submits that, as on 05.04.2025, an amount of Rs.37,03,298/- is outstanding in the loan account of the petitioner and the petitioner can be permitted
WP(C) No.14343 of 2025 4 2025:KER:29982 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 22 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.37,03,298/- in 22 equal monthly installments commencing from 15.05.2025, 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 him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in
WP(C) No.14343 of 2025 5 2025:KER:29982 installments as above, all coercive proceedings against him pursuant to Ext.P1 shall stand deferred.
The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/07/04/2025
WP(C) No.14343 of 2025 6 2025:KER:29982 APPENDIX OF WP(C) 14343/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 14.03.2025