The court disposed of a writ petition directing the petitioner to pay a bank dues in eight monthly installments, granting protection from coercive recovery steps unless default occurs.
Directed to pay entire debt in eight monthly installments; coercive recovery steps stayed pending payment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
FRIDAY, THE 29TH DAY OF JUNE 2012/8TH ASHADHA 1934
WP(C).No. 12606 of 2012 (A)
PETITIONERS):
E.MADHAVAN, AGED 46 YEARS S/O.E.CHINNAN, EDAMANA ILLOM, CHERUVANNOOR FEROKE P.O., KOZHIKODE DISTRICT.
BY ADV. SRI.SUNNY MATHEW
RESPONDENT(S):
1. THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, SAHAKARANA BHAVAN PUTHIYARA P.O., KOZHIKODE DISTRICT.
2. THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, SAHAKARANA BHAVAN PUTHIYARA P.O., KOZHIKODE DISTRICT.
3. THE CALICUT CITY SERVICE CO-OPERATIVE BANK LTD REPRESENTED BY ITS SECRETARY.
4. THE SPECIAL SALE OFFICER CALICUT CITY SERVICE CO-OPERATIVE BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),KOZHIKODE.
BY ADV. SRI.B.S.SWATHY KUMAR BY ADV. SMT.P.V.SOBHANA BY ADV. SMT.V.BEENA BY GOVERNMENT PLEADER
THIS WRIT PETITION(CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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-:2:WP(C).No. 12606 of 2012 (A)
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:-
NIL
//TRUE COPY//
PA TO JUDGE
K.SURENDRA MOHAN,J.
WP(C).No.12606 of 2012
Dated this the 29th day of June, 2012
J U D G M E N T
The only submission made by the learned counsel appearing for the petitioner, when this writ petition is taken up today is that the petitioner may be given a facility to pay the entire amount due to the third respondent bank in instalments. Adv.B.S.Swathikumar who appears for the bank stoutly opposes the prayer for instalments. It is pointed out that Ext.P1 was passed as far back as in the year 2008. However, no amounts have been paid by the petitioner till date. Therefore, it is contended that no indulgence may be shown to the petitioner.
W.P.(C).No12606 /2012
: 2 :
This writ petition is accordingly disposed of directing the petitioner to pay the entire amount due to the third respondent bank in eight monthly instalments, the first instalment to be paid on or before 15.07.2012. The subsequent instalments shall be paid on or before the 15th day of each succeeding month thereafter. Pending payment of the amount in instalments, all coercive steps to recover the amounts demanded shall be kept in abeyance. It is made clear that in the event of the petitioner committing default in payment of any of the instalments stipulated above, the bank shall be at liberty to initiate further action for recovery of the amounts due, in accordance with law.
K.SURENDRA MOHAN, JUDGE
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2 issues framed by the court
Whether the petitioner can be permitted to pay the arbitral award amount in instalments despite the passage of time and default.
Whether coercive recovery proceedings must be kept in abeyance pending instalment payments.
1 provisions across 1 enactments
E. Madhavan
The Assistant Registrar (General) Co-operative Societies
The Joint Registrar (General) Co-operative Societies
The Calicut City Service Co-operative Bank Ltd
The Special Sale Officer Calicut City Service Co-operative Bank Group
K.Surendra Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
