Allowed

P.v.Kuttappan v. the Aluva Co-Operative Agricultural and Rural Development Bank LTD.NO.E-87

Kerala HC23 Jan 2020WP(C)/1197/2020

Case brief

AI extract

What is this about?

In a writ petition regarding loan default and subsequent sale proceedings, the Court allowed the petitioner to stay the confirmation of property sale upon paying the overdue amount plus interest in twelve monthly instalments, warning that any default would revive recovery proceedings.

What did the court decide?

Stay of proceedings for confirmation of sale; petitioner permitted to pay overdue amount plus interest in 12 monthly installments.

P.v.Kuttappan Vs the Aluva Co-Operative Agricultural and… — Consumer Protection | Kerala HC (2020)

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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 A.K.JAYASANKARAN NAMBIAR

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THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

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WP(C).No.1197 OF 2020(Y)

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PETITIONER/S:

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1 P.V.KUTTAPPAN,AGED 75 YEARS PANAYADATHU HOUSE, VAPPALASSERY NEDUMBASSERY, ERNAKULAM DISTRICT.

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2 KANAKA,AGED 68 YEARS W/O.P.V.KUTTAPPAN, PANAYADATHU HOUSE VAPPALASSERY, NEDUMBASSERY, ERNAKULAM DISTRICT.

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BY ADVS. SRI.M.MUHAMMED SHAFI SMT.T.RASINI

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RESPONDENT/S:

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1 THE ALUVA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.E-87, HEAD OFFICE, ALUVA, ERNAKULAM DISTRICT-663 181, REPRESENTED BY AUTHORISED OFFICER.

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2 THE SALES OFFICER, ALUVA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LT.NO.E-87, HEAD OFFICE, ALUVA, ERNAKULAM DISTRICT-663 18.

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3 THE JOINT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES,KAKKANAD, ERNAKULAM-682 030.

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4 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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5 THE DISTRICT COLLECTOR, ERNAKULAM-682 030.

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6 THE VILLAGE OFFICER, NEDUMBASSERY, ERNAKULAM-683 585.

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R1 BY ADV. SRI.SHAJI CHIRAYATH SR GP SRI.K.P HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1197 OF 2020(Y)

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JUDGMENT

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The petitioners, who had availed a loan from the 1^st respondent bank defaulted in repayment of the same. The bank accordingly initiated steps for recovery of the loan amount. The recovery proceedings have since culminated in a sale of the property belonging to the petitioner for an amount of Rs.16 Lakh. It is not in dispute, however, that the sale has not been confirmed till date.

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The learned counsel for the petitioner would submit that if he is permitted to pay the overdue amount in instalments, he will be in a position to effect the repayment and the loan can be regularised. The learned counsel for the 1^st respondent bank would submit that as on 18.01.2020 the overdue amount due to the bank is Rs.7,01,849/-. Taking note of the said submission of the learned counsel for the respondent bank as also the plea of financial hardship urged by the petitioner, I dispose the writ petition with the following directions.

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(i) If the petitioner pays the overdue amount of Rs.7,01,849/- together with accrued interest from 18.01.2020 till the date of payment, in twelve equal and successive monthly installments commencing from 10.02.2020 while sumultaneously effecting payment of the regular EMIs as per the original loan schedule, then further proceedings for confirmation of sale effected shall be kept in abeyance.

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(ii) It is made clear that if the petitioner commits a default any single installment, he will lose the benefit of this judgment and the respondent bank will be free to continue the recovery proceedings against him from the

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WP(C).No.1197 OF 2020(Y)

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stage at which they presently stand.

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(iii) It is further made clear that in as much as it is in exceptional cases that this Court would grant the relief aforementioned, no further petition for modification/extension of time will be entertained.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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WP(C).No.1197 OF 2020(Y)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF	THE	NOTICE DATED 16.10.2017.
EXHIBIT P2	TRUE COPY OF	THE	RECEIPT NO.2853.
EXHIBIT P3	TRUE COPY OF	THE	RECEIPT NO.2890.
EXHIBIT P4	TRUE COPY OF 10.01.2018.	THE	SALE NOTICE DATED
EXHIBIT P5	TRUE COPY OF IN WPC NO.47	THE 01/2	JUDGMENT DATED 28.05.2019 018.
EXHIBIT P6	TRUE COPY OF	THE	SALE NOTICE.
EXHIBIT P7	TRUE COPY OF	THE	RECEIPT DATED 04.12.2019.
EXHIBIT P8	TRUE COPY OF 06.12.2019.	THE	REPRESENTATION DATED
EXHIBIT P9	TRUE COPY OF 06.12.2019.	THE	COMMUNICATION DATED
EXHIBIT P10	TRUE COPY OF	THE	RECEIPT DATED 09.12.2019.
EXHIBIT P11	TRUE COPY OF	THE	NOTICE DATED 10.12.2019.

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P.v.Kuttappan v. the Aluva Co-Operative Agricultural and Rural Development Bank LTD.NO.E-87

Case brief

What is this about?

What did the court decide?

P.v.Kuttappan v. the Aluva Co-Operative Agricultural and Rural Development Bank LTD.NO.E-87

Case brief

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What did the court decide?

What the court decided

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