Disposed

Mohandas v. the Assistant Registrar

Kerala HC28 Jun 2016WP(C)/12234/2016

Case brief

AI extract

What is this about?

A writ petition was filed seeking to remit loan amounts in 18 equal monthly installments instead of the settled lump sum. The High Court directed the petitioners to pay the settled amount in 12 equal monthly installments.

What did the court decide?

Directed petitioners to pay the settled amount in 12 equal monthly installments, commencing on 15.07.2016, with liberty to the bank to initiate recovery actions upon default.

Mohandas Vs the Assistant Registrar — Contract and Commercial Disputes | Kerala HC (2016)

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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 SHAJI P.CHALY

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TUESDAY, THE 28TH DAY OF JUNE 2016/7TH ASHADHA, 1938

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WP(C).No. 12234 of 2016 (D)

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PETITIONER(S):

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1. MOHANDAS, S/O.GOPALAN,

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AGED 46 YEARS, KARIKKAD HOUSE, VANIYAMBALAM P.O, MALAPPURAM DISTRICT - 679 339.

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2. SUJATHA, W/O.MOHAMDAS,

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KARIKKAD HOUSE, VANIYAMBALAM P.O,

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MALAPPURAM DISTRICT -679 339.

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3. VIJAYAN, S/O.KRISHNAN,

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KARIKKAD HOUSE, VANIYAMBALAM P.O,

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MALAPPURAM DISTRICT -679 339.

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4. SUNITHA, W/O.SURESHKUMAR,

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KARIKKAD HOUSE, VANIYAMBALAM P.O, MALAPPURAM DISTRICT -679 339.

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BY ADV. SRI.U.K.DEVIDAS.

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RESPONDENT(S):

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1. THE ASSISTANT REGISTRAR, OFFICE OF THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES, NILAMBUR, MALAPPURAM DISTRICT - 679 329.

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2. THE VANIYAMBALAM VANITHA CO-OPERATIVE BANK, VANIYAMBALAM P.O, MALAPPURAM DISTRICT-679 339.

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R1 BY GOVT. PLEADER SRI.T.R. RAJESH.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 12234 of 2016 (D)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1 TRUE COPY OF THE ORDER DATED 25.02.2016 ISSUED BY THE FIRST RESPONDENT TO THE FIRST PETITIONER (WITH ENGLISH TRANSLATION).

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P2 TRUE COPY OF THE ORDER DATED 25.02.2016 ISSUED BY THE FIRST RESPONDENT TO THE SECOND PETITIONER (WITH ENGLISH TRANSLATION).

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P3 TRUE COPY OF THE ORDER DATED 25.02.2016 ISSUED BY THE FIRST RESPONDENT TO THE THIRD PETITIONER (WITH ENGLISH TRANSLATION).

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P4 TRUE COPY OF THE ORDER DATED 25.02.2016 ISSUED BY THE FIRST RESPONDENT TO THE FOURTH PETITIONER (WITH ENGLISH TRANSLATION).

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

SHAJI P. CHALY, J.

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W.P.(C). No.12234 of 2016

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----------------------------------------------Dated this the 28^th day of June, 2016

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JUDGMENT

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This writ petition is filed by the petitioners seeking direction to the respondents to allow the petitioners to remit the loan amounts in 18 equal monthly installments.

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Brief facts for the disposal of the writ petition are thus; petitioners have availed loan from the 2^nd respondent bank in the year 2012. Petitioners are relatives and they stood as sureties to each other. However, the repayments were not effected in terms of the agreement. Consequent to which, action was initiated by the 2^nd respondent. However, in the Adalat conducted on 25.2.2016, the loans were settled for an amount of Rs.1,79,000/-, evident from Exts.P1 to P4 but the same could not be paid, is the contention. It is in this background this writ petition is filed seeking to pay the amount in installments.

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W.P.(C). No.12234 of 2016

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Heard learned counsel for the petitioner and learned Government Pleader. Even though notice was served on the 2^nd respondent, there is no representation.

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Petitioners are seeking indulgence of this court, permitting the petitioners to pay the amounts settled in the Adalat in installments. Petitioners have sought for repayment in 18 equal monthly installments. However, the terms of the award are specific and clear with respect to payment.

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Therefore, I think it is only appropriate that petitioners can be directed to pay the amounts in terms of the settlement in the Adalat, in 12 equal monthly installments. Accordingly I do so. The first of such installment shall be paid by the petitioners on or before 15.07.2016 and rest of the installments on the same day of the succeeding months. Needless to say, if any of the installments are defaulted by the petitioners, the 2^nd respondent will be at liberty to initiate action for recovery of the amounts in terms of the settlement in the Adalat mentioned above.

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Writ petition is disposed of accordingly.

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Sd/- SHAJI P. CHALY JUDGE

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smv 28.06.2016

Mohandas v. the Assistant Registrar

Case brief

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Mohandas v. the Assistant Registrar

Case brief

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