Dismissed

K.F.Sebastian v. Assistant Registrar of Co-Operative

Kerala HC22 Mar 2012WP(C)/3998/2012

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a peon against an execution notice. Allowing the petitioner to pay the awarded loan amount in ten monthly installments, the court set a default mechanism allowing the bank to execute the award immediately if two consecutive installments are missed.

What did the court decide?

Permission granted to repay the awarded sum in ten equal monthly installments, with the bank authorized to execute the award immediately upon default of two consecutive payments.

K.F.Sebastian Vs Assistant Registrar of Co-Operative — Service and Employment | 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 P.N.RAVINDRAN

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THURSDAY, THE 22ND DAY OF MARCH 2012/2ND CHAITHRA 1934

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WP(C).No. 3998 of 2012 (Y)

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PETITIONER(S):

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K.F.SEBASTIAN, AGED 46 YEARS PEON ST.JOSEPH'S HIGH SCHOOL PUNNAPRA ALAPPUZHA

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BY ADV. SRI.MATHEW JAMES

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RESPONDENT(S):

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1. ASSISTANT REGISTRAR OF CO-OPERATIVE AMBALAPPUZHA ALAPPUZHA

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*2. SECRETARY AIDED SECONDARY SCHOOL SOCIETY AMBALAPUZHA ALAPPUZHA-688564. (NAME OF R2 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 28/02/2012)

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3. HEAD MASTER

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ST.JOSEPH'S HIGH SCHOOL PUNNAPRA ALAPPUZHA

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ADDL.R4 AND R5 IMPLEADED

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Addl.4. THE AMBALAPPUZHA TALUK AIDED SECONDARY SCHOOL EMPLOYEES CO-OPERATIVE BANK LTD. NO. A- 338, ALAPPUZHA 11 REPRESENTED BY ITS SECRETARY.

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Addl.5. THE SALE OFFICER AND EXECUTION II, OFFICE OF THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL), AMBALAPUZHA ALAPPUZHA.

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ADDL. R4 AND R5 ARE IMPLEADED AS PER ORDER DATED 28/02/2012 IN IA 2789/2012.

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BY ADV. SRI.P.N.MOHANAN BY GOVT.PLEADER SRI.G.GOPAKUMAR

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*** NAME OF R2 STRUCK OFF FROM THE PARTY ARRY AS PER ORDER DT. 28.02.2012**

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO. 3998 OF 2012

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1	TRUE COPY OF THE STATEMENT OF LOAN ACCOUNT EVIDENCING REPAYMENT OF THE LOAN ION INSTALLAMENTS.
EXT.P2	TRUE COPY OF THE DEMAND NOTICE DATED 17/1/2011 ISSUED BY THE 1ST RESPONDENT.
EXT.P3	TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF RS. 5000/- BY THE PETITIONER
EXT.P4	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS :

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R4(A):	COPY OF THE	PLAINT WITH THE AWARD
R4(B):	COPY OF THE BANK	COMPUTER PRINTOUT OF	THE LEDGER MAINTAINED IN
R4(C):	COPY OF THE	NOTICE ISSUED BY THE	BANK FOR ADALATH.
			\ TRUE COPY\
			PA TO JUDGE

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P.N.RAVINDRAN, J.

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WP(C) No.3998 of 2012

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Dated this the 22^nd day of March, 2012

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J U D G M E N T

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The petitioner availed a loan of Rs.62,000/- from the fourth respondent society in the year 2004. When he defaulted repayment of the loan the bank filed ARC 56 of 2009 before the Arbitrator under section 69 of the Kerala Co-operative Societies Act. An award was passed in ARC 56 of 2009 on 23.6.2009. Even thereafter the petitioner did not repay the debt. The bank thereupon took steps to execute the award and moved the Sale Officer in terms of the previsions contained in the Kerala Cooperative Societies Rules, 1969. The Sale Officer in turn issued Ext.P2 demand notice dated 17.1.2011 calling upon the petitioner to remit the sum of Rs.77,351/- due as on 30.9.2010 with future interest and costs. The instant writ petition was thereupon filed on 15.2.2012 challenging Ext.P2 demand notice and seeking an opportunity to pay the amount awarded by the Arbitrator in instalments.

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The fourth respondent has filed a counter affidavit

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WP(C)No.3998 of 2012

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-2-

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wherein relying on Ext.R4(a) award passed on 23.6.2009, it is contended that in terms of the award as on 23.1.2012, the sum of Rs.75,856/- was due from the petitioner. It is also contended that though several schemes were in force whereby persons like the petitioner were entitled to concessions, the petitioner did not avail the benefit of any of the schemes and therefore, the bank is entitled to execute the award and to realise the amount due from him.

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When the writ petition came up for hearing today, Sri.Mathew James, learned counsel appearing for the petitioner submitted that the petitioner will pay the sum of Rs.75,856/- due as on 23.1.2012 in terms of Ext.R4(a) award in ten equal monthly installments and that he will also pay the balance amount if any due by way of future interest for the period commencing from 23.1.2012 till the date of payment of the last instalment, immediately thereafter. The learned counsel appearing for the fourth respondent bank did not seriously oppose the said request. In such circumstances, I dispose of the writ petition with the following directions:

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(i). The petitioner shall remit the sum of Rs.75,856/-

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-3-

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with the fourth respondent bank in ten equal monthly installments, the first of which shall be remitted on or before 31.3.2012. The remaining installments shall be remitted on or before the last day of each succeeding English calendar month beginning from April 2012 and ending with December 2012. If the last of any English calendar month happens to be a holiday, payment shall be made on the next working day.

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(ii). It is clarified that if the petitioner commits default in

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remitting any two consecutive installments, it will be open to the bank to proceed to execute the award and to realise the amount due from the petitioner in lump, without affording the petitioner any further opportunity to pay the amount due in installments.

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(iii). In the event of the petitioner remitting the sum of Rs.75,856/- in the manner indicated above, the bank shall inform him in writing of the balance amount, if any, payable by way of interest for the period from 23.1.2012 and ending with 31.12.2012.

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The petitioner shall within one month from the date receipt of the intimation, pay the amount demanded by way of interest and also other charges, if any, payable by him without protest. Needless to say the bank shall while computing the interest payable have due regard to the payment made by the petitioner pursuant to this judgment.

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(iv). Upon the petitioner paying the amount due in the manner indicated above, the bank shall close the loan account and return the documents of title deposited by the petitioner.

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Sd/-

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P.N.RAVINDRAN, JUDGE.

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Rkc

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// true copy//

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PA to Judge

K.F.Sebastian v. Assistant Registrar of Co-Operative

Case brief

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K.F.Sebastian v. Assistant Registrar of Co-Operative

Case brief

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