Allowed

Sheela Devi, v. the Secretary Perumpuzha Gramodharana Service Co-Operative Bank LTD.2533

Kerala HC23 Jan 2020WP(C)/905/2020

Case brief

AI extract

What is this about?

This High Court writ petition allowed a debtor facing financial hardship to repay a defaulted cooperative bank loan in twelve monthly installments, suspending further recovery proceedings for compliance.

What did the court decide?

Directed to allow repayment of Rs.9,52,055/ plus interest in twelve monthly installments starting 10.02.2020, staying recovery proceedings subject to compliance.

Sheela Devi, Vs the Secretary Perumpuzha Gramodharana… — 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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W.P(C).No.905 OF 2020(K)

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PETITIONER:

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SHEELA DEVI, AGED 55 YEARS W/O. LATE KRISHNA KUMAR, RESIDING AT PALAVILA VEEDU, PERUMPUZHACHERRY, ELLAMPALLOOR VILLAGE, KUNDARA, KOLLAM-691 501

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BY ADVS.SRI.S.SREEKUMAR (KOLLAM) SMT.V.BEENA

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RESPONDENTS:

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1 THE SECRETARY PERUMPUZHA GRAMODHARANA SERVICE CO-OPERATIVE BANK LTD.2533, PERUMPUZHA, KOLLAM-6981 504

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2 THE AUTHORIZED OFFICER, PERUMPUZHA GRAMODHARANA SERVICE CO-OPERATIVE BANK LTD. 2533,PERUMPUZHA, KOLLAM,-691 504

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R1 BY ADV. SRI.K.S.MANU (PUNUKKONNOOR)

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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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W.P.(C).No.905/2020 :: 2 ::

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J U D G M E N T

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The petitioner, who had availed a loan from the respondent Bank, defaulted in repayment of the same. The respondent bank initiated proceedings for recovery of the defaulted loan amounts. The said proceedings have now culminated in Ext.P3 award of the Co-operative Arbitration Court. The learned Standing counsel for the respondent Bank would submit that the total amount outstanding from the petitioner, as of today, is Rs.9,52,055/-.

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I have heard the learned counsel for the petitioner as also the learned Standing counsel for the respondent Bank.

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On a consideration of the facts and circumstances of the case and the submissions made across the bar and also taking into account the plea of financial hardship raised by the petitioner, I dispose the writ petition with the following directions:

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(i) If the petitioner discharges the said liability of Rs.9,52,055/- together with accrued interest till the

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W.P.(C).No.905/2020 :: 3 ::

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date of payment in twelve equal and successive monthly installments commencing from 10.02.2020, then the further proceedings for recovery as against the petitioner shall be kept in abeyance.

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(ii) It is made clear that if the petitioner commits a default in respect of any of the installments, she will lose the benefit of this judgment and the respondent bank will be free to continue the recovery proceedings against her from the stage at which they presently stand.

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

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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prp/23/1/2020

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W.P.(C).No.905/2020 :: 4 ::

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE DEATH CERTIFICATE DATED 23.07.2015 ISSUED FROM THE ELLAMPALLOOR GRAMA PANCHAYAT EXHIBIT P2 THE TRUE COPY OF THE ORDER IN COMPLAINT NO.85/2016 DATED 03.08.2016 OF THE KERALA CO-OPERATIVE OMBUDSMAN, THIRUVANANTHAPURAM EXHIBIT P3 THE TRUE COPY OF THE AWARD DATED 30.10.2018 OF THE ASST. REGISTRAR GENERAL SENIOR CO-OPERATIVE INSPECTOR,KOLLAM EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 31.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

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RESPONDENTS EXHIBITS: NIL.

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//TRUE COPY//

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P.S. TO JUDGE

Sheela Devi, v. the Secretary Perumpuzha Gramodharana Service Co-Operative Bank LTD.2533

Case brief

What is this about?

What did the court decide?

Sheela Devi, v. the Secretary Perumpuzha Gramodharana Service Co-Operative Bank LTD.2533

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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