PURUSHOTHAMAN.M.K v. KOLAARI SERVICE CO-OPERATIVEBANK LTD.NO.C19
WP(C)/45896/2024 · 2025-03-27
Murali Purushothaman
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 9048 (KER) · dailylaw.ai ]
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[ 2025 DAILYLAW 9048 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP(C) NO. 45896 OF 2024 : 1 : 2025:KER:26640 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. 45896 OF 2024 PETITIONER:
PURUSHOTHAMAN.M.K, AGED 54 YEARS S/O LATE KUMARAN, MOORKHANKANDI,CHAVASSERY, CHAVASSERY,KANNUR, PIN - 670702 BY ADVS. T.O.DEEPA A.AMRUTHA VIDYADHARAN RESPONDENTS: 1 KOLAARI SERVICE CO-OPERATIVEBANK LTD.NO.C19 KALLOR,PRNSS COLLEGE ROAD, MATTANNUR P.O KANNUR REPRESENTED BY ITS SECRETARY., PIN - 670702 2 THE SPECIAL SALES OFFICER ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, IRITTY,PUNNAD P.O, PIN - 670703 BY ADV SATHEESHAN ALAKKADAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 45896 OF 2024 : 2 : 2025:KER:26640 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears due to non payment of installments. The Society initiated arbitration proceedings under the Kerala Co- operative Societies Act, 1969. Pursuant to the award, Ext.P1 sale notice was issued to the petitioner. Challenging Ext.P1, the petitioner has filed this writ petition. He has also sought for direction to the 1st respondent to permit him to clear off the outstanding amount in installments. 2. Learned counsel for the 1st respondent, on instructions, submits that, as on today (27.03.2025), an amount of Rs.12,17,085/- is outstanding in the loan account of the petitioner
WP(C) NO. 45896 OF 2024 : 3 : 2025:KER:26640 and the petitioner can be permitted pay the said amount in reasonable installments. 3. Learned counsel for the petitioner submits that the petitioner is a Tailor by profession and he may be permitted to pay the outstanding amount in 20 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.12,17,085/- along with accrued interest and applicable charges in 20 equal monthly installments commencing from 02.05.2025. (2) If the petitioner defaults payment of any of the installments,
WP(C) NO. 45896 OF 2024 : 4 : 2025:KER:26640 it will be open to the 1st respondent to proceed against him, for the 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.
45896 OF 2024 : 5 : 2025:KER:26640 APPENDIX PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE SALE NOTICE IN EP NO. 920/2023 IN ARC 3253/2022,ISSUED BY
THE
2ND
RESPONDENT
DATED 23/11/2024,