Allowed

Alocious v. Trivandrum Co-Operative Agricultural & Rural Development Bank

Kerala HC11 Jan 2018WA/76/2018

Case brief

AI extract

What is this about?

This writ appeal challenges a single Judge's order granting time to an appellant bank borrower to pay loan dues despite the default over rejection, The Court examined the facts regarding natural calamity and loss. The Court allowed the appeal and directed enlargement of time for payment.

What did the court decide?

Time for payment of balance Rs.4,00,000/- enlarged till 28.2.2018; Rs.2,00,000/- by 31.1.2018 and Rs.2,00,000/- by 28.2.2018.

Alocious Vs Trivandrum Co-Operative Agricultural & Rural… — Consumer Protection | Kerala HC (2018)

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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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THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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THURSDAY, THE 11TH DAY OF JANUARY 2018 / 21ST POUSHA, 1939

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WA.No. 76 of 2018 IN WPC. 40255/2017

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ORDER DATED 26.12.2017 IN IA 21041/2017 IN WPC.40255/2017 OF HIGH COURT OF KERALA

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APPELLANT/PETITIONER IN THE WRIT PETITION.

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ALOSHIOUS L., S/O.LOUIS, AGED 64 YEARS, RESIDING AT AGNES BHAVAN, PERINGAMALA, KALLIYOOR P.O., VENGANOOR, THIRUVANANTHAPURAM.

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BY ADV.SRI.V.N.GOPALAKRISHNAN NAIR

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RESPONDENTS/RESPONDENTS IN THE WRIT PETITION:

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1. TRIVANDRUM CO-OPERATIVE AGRICULTURAL & RURAL

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DEVELOPMENT BANK, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM-695 001.

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2. TRIVANDRUM CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK, REPRESENTED BY ITS SPECIAL SALES OFFICER, HOUSING BOARD JUNCTION, THIRUVANANTHAPURAM-695 001.

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BY SRI.SUMAN CHAKRAVARTHY, SC, TRIVANDRUM CO.OP.AGRI. & RURAL DEVELOPMENT BANK

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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vpv

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P.N.RAVINDRAN & R.NARAYANA PISHARADI, JJ.

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W.A.No.76 of 2018

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Dated this the 11^th day of January, 2018

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JUDGMENT

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P.N.Ravindran, J.

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The appellant is the petitioner in W.P.(C)No.40255 of 2017. He had availed a loan from the Trivandrum Co-operative Agricultural and Rural Development Bank for running a poultry farm. When the appellant defaulted repayment of the loan, the lending bank invoked the provisions of section 19 of the Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984 and brought the property offered as security for sale. Ext.P5 notice was thereupon issued on 28.10.2017 proposing to sell the mortgaged property by public auction at 11.30 AM on 14.12.2017. The appellant thereupon filed W.P.(C)No.40255 of 2017 in this court challenging Ext.P5 sale notice. In the writ petition, he also prayed for an interim order staying further proceedings pursuant to Ext.P5.

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When the writ petition came up for admission hearing on 14.12.2017, the learned single Judge passed an interim order staying the confirmation of the sale for a period of one month subject to the condition that the appellant shall deposit the sum of Rs.7,00,000/within a period of two weeks. The appellant did not deposit the sum of

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W.A.No.76 of 2018

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-:2:-

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Rs.7,00,000/-. Instead, he deposited the sum of Rs.3,00,000/- on 21.12.2017 and thereafter filed I.A.No.21041 of 2017 with a prayer that he may be given time upto 31.1.2018 to pay the sum of Rs.2,00,000/- from out of the balance sum of Rs.4,00,000/- and time upto 28.2.2018 to pay the remaining sum of Rs.2,00,000/-. The learned single Judge considered the said application and granted the appellant two weeks time from the time originally granted by this court to pay the balance sum of Rs.4,00,000/-. The writ petitioner has, aggrieved thereby, filed this appeal.

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We heard Sri.A.Chandra Babu, learned counsel appearing for the appellant and Sri.Suman Chakravarthy, learned standing counsel appearing for the respondent bank. After hearing learned counsel on both sides, we are of the opinion that a lenient view should be taken and the appellant granted time as prayed for to pay the balance sum of Rs.4,00,000/-. We are persuaded to grant him time to pay the balance amount for the reason that he has in the affidavit filed in support of the application seeking enlargement of time averred that on account of natural calamity his poultry farm collapsed resulting in the death of 2000 hens and that he has thereby suffered a loss of approximately Rs.10,00,000/-. Having regard to the said fact, which is not denied or disputed by the respondent, we are of the opinion that enlargement of time as prayed for should be granted.

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W.A.No.76 of 2018

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-:3:-

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We accordingly allow the appeal and enlarge the time for payment of the balance sum of Rs.4,00,000/- till 28.2.2018. The appellant shall pay one-half of the said sum namely Rs.2,00,000/- on or before 31.1.2018 and the balance sum of Rs.2,00,000/- on or before 28.2.2018. In the event of default on the part of the appellant in remitting any one of the aforesaid two installments, the order of stay passed by the learned single Judge as modified by this judgment shall stand vacated and it will be open to the bank to proceed to confirm the sale.

Sd/-

P.N.RAVINDRAN

JUDGE

Sd/-

R.NARAYANA PISHARADI JUDGE

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/true copy/

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P.A. to Judge

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vpv

Alocious v. Trivandrum Co-Operative Agricultural & Rural Development Bank

Case brief

What is this about?

What did the court decide?

Alocious v. Trivandrum Co-Operative Agricultural & Rural Development Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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