Disposed

Komala Amma v. the Secretary, Sasthamkotta Co. Operative Agricultural Rural Development Bank

Kerala HC11 May 2018WP(C)/34154/2017

Case brief

AI extract

What is this about?

The Writ Court directed the Respondent Society to consider the Petitioner's application for installment payment of loan arrears within one month and kept coercive steps in abeyance pending final orders.

What did the court decide?

The Respondent Society is directed to consider the Ext.P2 application for installment payment of arrears within one month; coercive steps kept in abeyance.

Komala Amma Vs the Secretary, Sasthamkotta… — 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 SUNIL THOMAS

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FRIDAY, THE 11TH DAY OF MAY 2018 / 21ST VAISAKHA, 1940

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WP(C).No. 34154 of 2017

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PETITIONER(S)

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KOMALA AMMA, AGED 60 YEARS, D/O THANKAMMA, W/O ARAVINDAKSHAN PILLAI, VALLIYATHU KIZHAKKATHIL(ARUN NIVAS), AYIKUNNU, SASTHAMKOTTA, KOLLAM DISTRICT, PIN.690521.

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BY ADVS.SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA SRI.HARIDAS P.NAIR SRI.M.A.VINOD SRI.M.RAJESH KUMAR SMT.B.SABITHA (DESOM)

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RESPONDENT(S):

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THE SECRETARY, SASTHAMKOTTA CO OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK, E.NO.Q-373, SASTHAMKOTTA PO, KOLLAM DIST.690521.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-05-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34154 of 2017 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 1.10.2017.

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EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 9.10.2017.

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RESPONDENT(S)'EXHIBITS - NIL

/TRUE COPY/

PS TO JUDGE

TS 14.05.2018

SUNIL THOMAS, J.

--------------------------------------WP(C) No.34154 of 2017

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Dated this the 11^th day of May, 2018

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JUDGMENT

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The petitioner herein availed a loan of Rupees Five lakhs from the respondent Society. He committed default of repayment and has now been informed that the total amount due is Rs.4,62,967/-. According to the petitioner, he is under very financial difficulties but every attempt is made by him to discharge the amounts due. He submitted Ext.P2 application before the Society for permission to discharge the arrears in easy instalments. It seems that no decision has been taken. He has approached this Court seeking reliefs.

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In such circumstances, the writ petition is disposed of, directing the respondent herein to consider Ext.P2 application in accordance with the Rules and bye laws and to pass appropriate orders as expeditiously as possible, at any rate, within one month from the date of receipt of the certified copy of this judgment.

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WP(C) No.34154 of 2017

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Coercive steps will be kept in abeyance till final orders are passed.

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The writ petition is disposed of.

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Sd/-

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SUNIL THOMAS, JUDGE.

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//True Copy//

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P.A. To Judge

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sp/14/05/18

Komala Amma v. the Secretary, Sasthamkotta Co. Operative Agricultural Rural Development Bank

Case brief

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Komala Amma v. the Secretary, Sasthamkotta Co. Operative Agricultural Rural Development Bank

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