Allowed

Kunhikanaran v. Edacherry Co-Operative Rural Housing Society Ltd.

Kerala HC3 Jun 2014WP(C)/6613/2012

Case brief

AI extract

What is this about?

This court allowed a writ petition filed by a loan-defaulter undergoing cancer treatment facing auction proceedings against him, permitting clear-off of dues.

What did the court decide?

Petitioner permitted to clear dues in 10 equal monthly instalments starting from 01.07.2014; society to provide statement within 2 weeks; recovery action permissible on default.

Kunhikanaran Vs Edacherry Co-Operative Rural… — Contract and Commercial Disputes | Kerala HC (2014)

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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 A.V.RAMAKRISHNA PILLAI

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TUESDAY, THE 3RD DAY OF JUNE 2014/13TH JYAISHTA, 1936

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WP(C).No. 6613 of 2012 (B)

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PETITIONER :

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KUNHIKANARAN, AGED 60 YEARS, S/O. KANNAN, PERINGOTTUMMEL, KULAMULLA PARAMBATH, CHUZHALI, VALAYAM PANCHAYATH, VADAKARA, KOZHIKODE.

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BY ADV. SRI.RAJ MOHAN R.PILLAI

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RESPONDENTS :

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1. EDACHERRY CO-OPERATIVE RURAL HOUSING SOCIETY LTD., F.1790, EDACHERRY, VADAKARA, KOZHIKODE - 673 001.

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2. SENIOR INSPECTOR OF CO-OP. SOCIETIES/

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ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA CO-OPERATIVE HOUSING FEDERATION, KOZHIKODE - 673 001.

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BY ADVS. SRI.V.G.ARUN

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SRI.T.R.HARIKUMAR SRI.MOHAN C.MENON

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 6613 of 2012 (B)

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APPENDIX

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---------------

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PETITIONER(S)' EXHIBITS:

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--------------------------------------

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EXHIBIT P1 : PHOTOCOPY OF THE DISCHARGE CARD OF THE PETITIONER ISSUED BY GENERAL HOSPITAL, THALASSERY.

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EXHIBIT P2 : PHOTOCOPY OF THE DEMAND NOTICE ALONG WITH THE DESCRIPTION OF AUCTION SCHEDULED PROPERTY.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

A.V. RAMAKRISHNA PILLAI, J.

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-------------------------------------------------W.P.(C) No. 6613 of 2012

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Dated this the 3^rd day of June, 2014

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J U D G M E N T

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The petitioner, who availed a loan from the respondent society, has come up before this Court aggrieved by the recovery proceedings initiated against him.

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The petitioner alleges that he is more than 60 years old and he is suffering from intestine cancer. The loan amount is 60,000/-. On the date of filing of this writ₹ petition, the amount outstanding was ₹1,43,932/including interest and penal interest. The petitioner has approached this Court when Ext.P2 auction notice was served on him.

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Today, When the matter was taken up, the learned counsel for the petitioner submitted that if an instalment facility is provided, he will be in a position to settle the entire liability.

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W.P.(C) No. 6613 of 2012

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Therefore, taking into account the entire facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to clear off the entire dues in 10 equal monthly instalments starting from 01.07.2014.

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It is hereby made clear that in the event of failure to remit any of the instalments in time, it shall be open to the respondent society to proceed with the recovery action.

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As it was submitted by the learned counsel for the petitioner that some amount has already been remitted, the respondent society shall give a statement to the petitioner within a period of two weeks from today.

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Sd/-

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A.V. RAMAKRISHNA PILLAI, JUDGE

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bka/-

Kunhikanaran v. Edacherry Co-Operative Rural Housing Society Ltd.

Case brief

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Kunhikanaran v. Edacherry Co-Operative Rural Housing Society Ltd.

Case brief

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