Disposed

Muraleedharan Nair v. the Registrar of Co-Operative Societies

Kerala HC19 Mar 2021WP(C)/1563/2021

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition filed by a loan defaulting petitioner. The court directed the petitioner to remit Rs. one lakh within seven days and pay the remaining balance in fifteen equal monthly installments starting 03.05.2021. Two consecutive default would result in recovery of the entire amount.

What did the court decide?

Petitioner directed to remit Rs. One Lakh within 7 days; remaining balance to be paid in 15 equal monthly installments starting 03.05.2021.

Muraleedharan Nair Vs the Registrar of… — Contract and Commercial Disputes | Kerala HC (2021)

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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 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

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WP(C).No.1563 OF 2021(U)

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PETITIONER:

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MURALEEDHARAN NAIR AGED 50 YEARS (MEMBERSHIP NO. B-5999), KOTTEPALLY HOUSE, OMALLUR VILLAGE, ATTARIKAM MURI, KOZHANCHERI TALUK, PATHANAMTHITTA DISTRICT.

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BY ADV. SMT.T.V.NEEMA

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RESPONDENTS:

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1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF COOPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O, TRIVANDRUM,695 014

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2 THE ARBITRATION EXECUTION INSPECTOR, ASSISTANT REGISTRAR (GENERAL) OFFICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689 641

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3 THE SECRETARY, MAILAPARA SERVICE CO-OPERATIVE BANK, KOZHANCHERI TALUK, PATHANAMTHITTA DISTRICT-689 645

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R3 BY ADV. SRI.LIJI.J.VADAKEDOM

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OTHER PRESENT:

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SR.GP K.P HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).1563/2021

JUDGMENT

When the matter was taken up, learned counsel for the petitioner submitted that, inspite of earnest efforts, his client could not raise two lakhs rupees as ordered by this Court. However, he is ready with a sum of Rs.One lakh, which he proposes to remit immediately. Learned counsel for the bank vehemently opposed the proposal and directed that, huge amounts are due. However, in the light of the submission made by the learned counsel for the petitioner that, if installment is granted, petitioner will be able to discharge the entire liability, I am inclined to grant relief.

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Having considered the above submission and also the pandemic situation that is prevailing, I am inclined to dispose of the Writ Petition directing the petitioner to remit Rs.One lakh in the loan account within a period of 7 days from today. Thereafter, the entire amount due shall be paid in 15 equal monthly installments commencing from 03.05.2021 onwards. Every installment shall be paid on or before 3^rd of the relevant month, till the entire debt is paid off. In case of default of two installments, whether consecutive or otherwise, this benefit will be lost and respondents/bank will be entitled to recover the entire due amount in lump by due process of law. This will not stand in the way of petitioner either paying off the entire amount in the

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W.P(C).1563/2021

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meanwhile or depositing higher amount than the installment as above. If lumpsum amount is paid, bank shall favourably consider giving maximum concession possible, in the repayment of money.

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Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

Sbna

W.P(C).1563/2021

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF MEDICAL RECORDS OF MUTHOOT HEALTH CARE PRIVATE LIMITED. EXHIBIT P2 TRUE COPY OF AWARD DATED 23.2.2018 IN FILE NO. 635/2017 OF THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF DEMAND NOTICE IN EA 526/18

Muraleedharan Nair v. the Registrar of Co-Operative Societies

Case brief

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Muraleedharan Nair v. the Registrar of Co-Operative Societies

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