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Sugathakumari v. the Joint Registrar, Office of the Joint Registrar, Co-Operative Societies

Kerala HC23 Jul 2018WP(C)/12611/2018

Case brief

AI extract

What is this about?

In a writ petition challenging a bank's possession notice, the High Court declined to interdict contractual terms. However, based on the bank's concession, it directed the petitioner to pay dues in instalments.

What did the court decide?

Petitioner directed to pay accumulated loan dues in twelve equal monthly instalments starting from 23.08.2018; Bank agreed to regularise account.

Sugathakumari Vs the Joint Registrar, Office… — Contract and Commercial Disputes | 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 DAMA SESHADRI NAIDU

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MONDAY, THE 23RD DAY OF JULY 2018 / 1ST SRAVANA, 1940

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WP(C).No. 12611 of 2018

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PETITIONER(S):

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SUGATHAKUMARI, W/O(LATE)DHARMARATHNAM, PADINJATTAYIL HOUSE, SAMUDAYAMADDOM,TRIPRAYAR,P.O.VALAPAD, THRISSURE,PIN-680567.

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BY ADV.SRI.P.K.MANOMOHANAN

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RESPONDENT(S):

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1. THE JOINT REGISTRAR, OFFICE OF THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES,

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CIVIL LANE,P.O.AYYANTHOLE,THRISSUR DISTRICT,PIN-680003.

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2. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD.

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REPRESENTED BY AUTHORISED OFFICER, SAHAKARANA SATHABDI MANDIRAM, TUDA ROAD, KOVILAKATHUMPADAM, THIRUVAMBADY.P.O, THRISSUR DISTRICT,PIN-680021.

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3. STATE OF KERALA, REPRESENTED BY REGISTRAR,DEPARTMENT OF CO-OPERATION, OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, STATUE,NEAR PRESS CLUB,THIRUVANANTHAPURAM-695001.

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R1 &R2 BY SRI.P.C.SASIDHARAN, SC, THRISSUR DISTRICT CO.OPERATIVE BANK LTD.

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R3 BY GOVERNMENT PLEADER SRI. M.R. DHANIL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rvs.

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WP(C).No. 12611 of 2018 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE CHALLAN NO.387/10 DATED 09/10/2017. EXHIBIT P2 TRUE COPY OF POSSESSION NOTICE OF RESPONDENT NO.2 DATED 17/03/2018. EXHIBIT P3 TRUE COPY OF REPRESENTATION BY PETITIONER TO RESPONDENT NO.2 DATED 17/03/2017. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION BY PETITIONER TO RESPONDENT NO.1 DATED 23/03/2018. EXHIBIT P5 TRUE COPY OF PAPER PUBLICATION BY RESPONDENT NO.2 IN MATHRUBHUMI DAILY DATED 23/03/2017.

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RESPONDENT(S)' EXHIBITS:

NIL.

/TRUE COPY/

P.S. TO JUDGE

RVS. 24/07/2018

DAMA SESHADRI NAIDU, J.

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W.P.(C). No. 12611 of 2018

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======================================================= Dated this the 23^rd day of July, 2018

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JUDGMENT

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Heard the learned counsel for the petitioner and the learned counsel for the respondent Bank, apart from perusing the record.

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The petitioner, a borrower from the respondent CoOperative Bank, assailed Exhibit P2 notice. The total amount outstanding is stated to be Rs.4,42,024/-.

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The learned counsel for the petitioner has submitted that the petitioner, despite his best efforts, could not repay the loan amount because of his stringent financial conditions. Accordingly, the petitioner wants this Court to direct the respondent Bank to receive from the petitioner the outstanding loan amount in instalments.

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Before proceeding further, I may observe that expansive as this Court's jurisdiction under Article 226 of the

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W.P.(C). No. 12611 of 2018

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-2-

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Constitution of India is, it does not, I am afraid, go to the extent of interdicting the contractual terms, especially in a financial transaction involving public money, and compelling the respondent Bank to agree for instalments.

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But the delays and difficulties in coercive process of recovery well known, the Bank's counsel, on instructions, has submitted that the Bank is willing to regularise the loan account by collecting the outstanding amount in twelve equal monthly instalments, along with regular instalments.

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So, based on the Bank's concession, this Court disposes of the writ petition directing the petitioner to pay the accumulated dues, in twelve equal monthly instalments, starting from 23.08.2018. The petitioner will, of course, continue to pay the regular instalments as indicated

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W.P.(C). No. 12611 of 2018

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-3-

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above, the respondent Bank, as agreed, will regularise the petitioner's loan account. If the petitioner fails to pay any two consecutive instalments within the stipulated time, the respondent Bank can proceed further without recourse to this Court.

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Sd/-

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DAMA SESHADRI NAIDU

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JUDGE

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Sugathakumari v. the Joint Registrar, Office of the Joint Registrar, Co-Operative Societies

Case brief

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Sugathakumari v. the Joint Registrar, Office of the Joint Registrar, Co-Operative Societies

Case brief

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