Disposed

Anitha J v. the Assistant Registrar of Co-Operative Societies (General)

Kerala HC9 Feb 2018WP(C)/1101/2018

Case brief

AI extract

What is this about?

The court permitted a petitioner admitted to have repaid an interim deposit to clear a outstanding loan default via 15 equated monthly installments instead of immediate lump-sum recovery by the respondent bank.

What did the court decide?

Director to pay outstanding amounts in 15 equated monthly installments starting from 5.3.2018; bank to lendcy to schemes if applicable.

Anitha J Vs the Assistant Registrar of Co-Operative… — Cooperative Societies | 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 SHAJI P.CHALY

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FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939

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WP(C).No. 1101 of 2018

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PETITIONER:

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ANITHA J, JUBIN NIVAS, PUNNAKKUNNU, CHITTALA, VATTAPARA P.O., THIRUVANANTHAPURAM DISTRICT.

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BY ADV.SRI.T.R.RAJAN

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RESPONDENT(S):

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1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695 541.

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2. THE MANAGER, THE PALODE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD, T 682, PALODE, KARIMANKODE, PIN-695 562.

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3. THE SALE OFFICER, THE PALODE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD, T 682, PALODE, KARIMANKODE-695 562.

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4. THE PALODE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.,T 682, PALODE, KARIMANKODE, PIN-695 562, REPRESENTED BY ITS SECRETARY.

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R1 BY SENIOR GOVERNMENT PLEADER SRI. SANTHOSH PETER

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R4 BY ADVS. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.GOVIND PADMANAABHAN SRI.AJIT G.ANJARLEKAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 1101 of 2018 (K)

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			APPENDIX
PETITIONER(S)'	EXHIBITS
EXHIBIT P1	TRUE COPY OF 1/6/2017 ISSU	THE ED B	SALE NOTICE NO 40/17 DATED Y THE THIRD RESPONDENT.
EXHIBIT P2	TRUE COPY OF OF THE THIRD	THE RESP	COMMUNICATION DATED 3/7/2017 ONDENT TO THE PETITIONER.
EXHIBIT P3	TRUE COPY OF THE PRIVATE S MINISTER OF C	THE ECRE O-OP	RECEIPT DATED 27/7/2017 ISSUED BY TARY TO THE HONOURABLE ERATIVE SOCIETIES.
EXHIBIT P4	TRUE COPY OF OF THE REGIST THIRUVANANTHA	THE RAR PURA	COMMUNICATION DATED 3/7/2017 OF CO-OPERATIVE SOCIETIES, M TO THE FIRST RESPONDENT.
EXHIBIT P5	TRUE COPY OF OF THE FIRST CO-OPERATIVE	THE RESP SOCI	COMMUNICATION DATED 28/7/2017 ONDENT TO THE REGISTRAR OF ETIES, THIRUVANANTHAPURAM.
EXHIBIT P6	TRUE COPY OF OF THE THIRUVANANTHA	THE JOIN PURA	COMMUNICATION DATED 7/8/2017 T REGISTRAR (GENERAL), M TO THE FIRST RESPONDENT.
EXHIBIT P7	TRUE COPY OF OF THE FIRST (GENERAL), TH	THE RESP IRUV	COMMUNICATION DATED 16/8/2017 ONDENT TO THE JOINT REGISTRAR ANANTHAPURAM.
EXHIBIT P8	TRUE COPY OF OF THE FIRST FORUTH RESPON	THE RESP DENT	COMMUNICATION DATED 3/10/2017 ONDENT TO THE SECRETARY OF THE BANK
EXHIBIT P9	TRUE COPY OF OF THE FIRST CO-OPERATIVE	THE RESP SOCI	COMMUNICATION DATED 13.10.2017 ONDENT TO THE REGISTRAR OF ETIES, THIRUVANANTHAPURAM.
EXHIBIT P10	TRUE COPY OF SUBMITTED BY RESPONDENT.	THE THE	REPRESENTATION DATED NIL PETITIONER TO THE SECOND
RESPONDENT'S E	XHIBIT		NIL

/TRUE COPY/

PA TO JUDGE

PBS

SHAJI P. CHALY, J.

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W.P.(C) No.1101 of 2018

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----------------------------------------------Dated this the 9^th day of February, 2018

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J U D G M E N T

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Petitioner has availed two loans from the 4^th respondent bank. Admittedly repayment was defaulted, consequent to which, action was initiated under the provisions of the Kerala Co-operative Societies Act and Rules thereto. It is thus challenging Ext.P1 sale of the property, this writ petition is filed.

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When this writ petition was admitted to the files of this court, an interim order was passed directing to keep the recovery proceedings pursuant to Ext.P1 in abeyance on condition that, petitioner remits an amount of Rs.20,000/with the 4^th respondent bank within two weeks from the date of receipt of the order. According to the learned counsel for petitioner, the interim order is complied with on 23.1.2018, which is endorsed by the learned counsel appearing for the 4^th respondent bank.

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W.P.(C) No.1101 of 2018

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Heard learned counsel for petitioner, learned Senior Government Pleader and counsel appearing for the 4^th respondent bank.

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Learned counsel for petitioner sought indulgence of this court permitting the petitioner to repay the outstanding amounts in 24 equated monthly installments. According to the learned counsel for 4^th respondent, altogether an amount of Rs.1,87,100/- is remaining due from the petitioner along with accrued interest and cost.

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Having regard to the facts and circumstances of the case and also bearing in mind the adverse economic and financial situation prevailing in the community, I think it is only appropriate that, petitioner is permitted to pay the outstanding amounts in reasonable equated monthly installments.

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Therefore, there will be a direction to the petitioner to pay the outstanding amounts in 15 equated monthly installments starting from 5.3.2018 and on the

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W.P.(C) No.1101 of 2018

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corresponding date of the succeeding months. Needless to say, if any of the directives are violated, the bank will be at liberty to proceed in accordance with law and recover the amount in lump. I also make it clear that, during the pendency of the compliance of direction, if any schemes are launched by the State Government in respect of wiping off the loan transaction, the benefits thereunder shall also be provided to the petitioner by the bank, if the petitioner is entitled for the same and the installments may be readjusted accordingly.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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smv 9.2.2018

Anitha J v. the Assistant Registrar of Co-Operative Societies (General)

Case brief

What is this about?

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Anitha J v. the Assistant Registrar of Co-Operative Societies (General)

Case brief

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