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2025 DAILYLAW 8978 (KER)

GOPI ARYAPATTU v. THE ALAKODE SERVICE CO-OPERATIVE BANK

WP(C)/44985/2024 · 2025-03-27

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 44985 OF 2024 : 1 : 2025:KER:26636 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 44985 OF 2024 PETITIONER: GOPI ARYAPATTU, AGED 73 YEARS S/O. RAGHAVAN, ARYAPATTU HOUSE, ARIVILANJAPOYIL.P.O., UDAYAGIRI AMOSM, ALAKODE (VIA), KANNUR DT, PIN - 670571 BY ADVS. V.T.MADHAVANUNNI V.A.SATHEESH RESPONDENTS: 1 THE ALAKODE SERVICE CO-OPERATIVE BANK ALAKODEE.P.O., KANNUR DT- REPRESENTED BY ITS SECRETARY, PIN - 670571 2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES, TALIPARAMBA.P.O., KANNUR DT., PIN - 670141 3 SPECIAL SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES, TALIPARAMBA.P.O., KANNUR DT.,, PIN - 670141 WP(C) NO. 44985 OF 2024 : 2 : 2025:KER:26636 BY ADV M.R.JAYALATHA BY SR.GP SMT.MABLE KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 44985 OF 2024 : 3 : 2025:KER:26636 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. Ext.P1 is the arbitration award. The petitioner has filed this writ petition for direction to the 1st respondent to permit the petitioner to pay the outstanding amount due in the loan account in 12 installments 2. Smt.M.R.Jayalatha, learned counsel for the 1st respondent, on instructions, submits that, as on today (27.03.2025), an amount of Rs.4,32,280/- is outstanding in the loan account of the petitioner and the petitioner can be permitted pay the said WP(C) NO. 44985 OF 2024 : 4 : 2025:KER:26636 amount in reasonable installments. 3. Learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 12 equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioner shall pay the outstanding amount of Rs.4,32,280/- along with accrued interest and applicable charges in 12 equal monthly installments commencing from 02.05.2025. (2) If the petitioner defaults payment of any of the installments, it will be open to the 1st respondent to proceed against him, for the WP(C) NO. 44985 OF 2024 : 5 : 2025:KER:26636 recovery of the amount in accordance with law. (3) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 44985 OF 2024 : 6 : 2025:KER:26636 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DECREE IN ARC NO.3835/2023 OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) TALIPARAMBA