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2025 DAILYLAW 8984 (KER)

SHEEBA v. ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES

WP(C)/45432/2024 · 2025-03-28

Murali Purushothaman

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27265 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 45432 OF 2024 PETITIONER: SHEEBA AGED 55 YEARS W/O. MANOJ, KANIYAMPARAMBIL HOUSE, PALAZHI, MANALOOR.P.O., THRISSUR, PIN – 680 617. BY ADVS. C.A.CHACKO C.M.CHARISMA BABU V.P. SHAHBAS AMAN C.M. RESPONDENTS: 1 ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES OFFICE OF ASSISTANT REGISTRAR (GENERAL), AYYANTHOLE, THRISSUR, PIN – 680 003. 2 SPECIAL SALE OFFICER KURIYACHIRA S.C.B. GROUP, OFFICE OF ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, AYYANTHOLE, THRISSUR, PIN – 680 003. 3 KARAMUCK SERVICE CO-OPERATIVE BANK LTD. NO.16 KARAMUCK, KANDASSANKADAVU, THRISSUR, REPRESENTED BY ITS SECRETARY, PIN – 680 620. BY ADV RASMI NAIR T SRI. V. K SUNIL - SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27265 WP(C) NO.45432 OF 2024 2 JUDGMENT The loan availed by the petitioner from the 3rd respondent Society fell in arrears and the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the arbitration Award, Ext.P1 sale notice was issued to the petitioner. The petitioner has filed this writ petition for a direction to the Society to extend her the benefit of One Time Settlement Scheme. 2. When the writ petition came up for consideration today, the learned counsel for the petitioner sought for direction to the Society to permit the petitioner to pay the overdue amount in installments. 2025:KER:27265 WP(C) NO.45432 OF 2024 3 3. Smt.Rasmi Nair, the learned counsel for the Society, on instructions, submits that, as on today (28.03.2025), an amount of Rs.26,17,069/- is overdue in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments. 4. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in twenty four equal monthly installments. 5. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.26,17,069/- in twenty four equal monthly installments commencing from 02.05.2025 along with accrued interest and applicable charges. The 2025:KER:27265 WP(C) NO.45432 OF 2024 4 installments as above shall be payable in addition to the regular EMIs. If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against her for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in 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 SPR 2025:KER:27265 WP(C) NO.45432 OF 2024 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF SALE NOTICE DATED 18/10/2024 ISSUED BY 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 10/12/2024 MADE BEFORE THE 1ST RESPONDENT. RESPONDENT S EXHIBITS: - NIL.