Allowed

Pradheeksha Shaju v. the Thrissur District Co-Operative Bank Ltd.

Kerala HC14 Feb 2012WA/222/2012

Case brief

AI extract

What is this about?

The Court allowed an extension of time for the appellant to clear loan instalment arrears to the co-operative bank. A stay was granted on recovery proceedings, including dispossession, until March 31, 2012. Failure to clear dues by the deadline would permit the bank to proceed with recovery and repo the property.

What did the court decide?

Direction to permit the appellant to avail the loan scheme on due dates if arrears are cleared by 31st March 2012; stay on recovery proceedings, dispossession, and appointment of Advocate Commissioner

Pradheeksha Shaju Vs the Thrissur District Co-Operative… — Banking and Recovery | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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TUESDAY, THE 14TH DAY OF FEBRUARY 2012/25TH MAGHA 1933

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WA.No. 222 of 2012 () IN WPC/28800/2011 ---------------------------------------AGAINST THE JUDGMENT IN WPC.28800/2011 DATED 28-10-2011

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APPELLANT/PETITIONER:

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PRADHEEKSHA SHAJU W/O.SHAJU, KALANI VATHI HOUSE, P.O.ANTHIKKAD THRISSUR DISTRICT.

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BY ADVS.SRI.G.HARIHARAN

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SRI.PRAVEEN.H.

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RESPONDENTS/RESPONDENTS:

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THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD.

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ANTHIKAD BRANCH, P.O.KANJANY, THRISSUR-680612.

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THRISSUR-680001.

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REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) SAHAKARANA SANGHAM REGISTRAR OFFICE THIRUVANANTHAPURAM-695001.

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R3 BY ADV. SRI.P.C.SASIDHARAN, SC R1&2 BY G.P.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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ANNEXURE 1: TRUE COPY OF NOTICE DT.6.2.2012 ISSUED BY THE ADVOCATE COMMISSIONER RUBY ADDRESSED TO THE APPELLANT.

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TRUE COPY

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P.S. TO JUDGE

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C.N.RAMACHANDRAN NAIR, & BABU MATHEW P. JOSEPH, JJ.

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Writ Appeal No.222 of 2012

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.................................................................... Dated this the 14th day of February, 2012.

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JUDGMENT

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Ramachandran Nair, J.

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Heard counsel for the appellant and also Standing Counsel Sri.P.C.Sasidharan appearing for the Bank. Appellant's case is that her husband is only a beautician from whose earning the arrears could not be cleared in ten instalments as ordered by the learned Single Judge. Counsel for the appellant submitted that day before yesterday Rs.50,000/- is remitted towards arrears. Standing Counsel appearing for the Bank submitted that original instalments granted is 100 and with regard to payments that are claimed to be up to date, he has to verify the details from the Bank.

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After hearing both sides, what we feel is that if instalment payments are defaulted, the Bank is entitled to cancel instalment scheme and ask for full payment. However, having regard to the financial hardship expressed by the appellant, we feel one opportunity can be granted to clear the accrued instalment arrears by 31^st March,

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W.A. 222/2012 2

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2012 and expense, if any, incurred by the Bank and if arrears of instalments in the loan account that have fallen due are cleared by 31^st March, 2012, then there will be direction to the respondent-Bank to permit the appellant to avail the loan scheme of payment of balance instalments on the due dates. In view of the facility granted above, there will be stay against all proceedings for recovery including dispossession and appointment of the Advocate Commissioner by the Magistrate Court till 31^st March and on failure to clear arrears of instalments by then, the Bank will proceed to take over possession. Writ Appeal is disposed of modifying judgment of the learned Single Judge as above.

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C.N.RAMACHANDRAN NAIR Judge

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BABU MATHEW P. JOSEPH Judge

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pms

Pradheeksha Shaju v. the Thrissur District Co-Operative Bank Ltd.

Case brief

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Pradheeksha Shaju v. the Thrissur District Co-Operative Bank Ltd.

Case brief

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