Allowed

Rukiya v. the Joint Registrar of Co-Operative Societies

Kerala HC1 Dec 2021WP(C)/9084/2021

Case brief

AI extract

What is this about?

Petitioners seeking regularization of defaulted bank loan accounts were granted relief by the High Court of Kerala at Ernakulam, allowing repayment of overdues and EMIs via ten equal monthly installments, with continued recovery proceedings upon any default.

What did the court decide?

Loan accounts regularized by repaying entire over dues with interest and costs in ten equal monthly installments including regular EMIs; benefit withdrawn on any default.

Rukiya Vs the Joint 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 SATHISH NINAN

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WEDNESDAY, THE 1^ST DAY OF DECEMBER 2021 / 10TH AGRAHAYANA, 1943

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WP(C) NO. 9084 OF 2021

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PETITIONERS:

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1 RUKIYA AGED 36 YEARS W/O ABDUL KHADER, THAIVALAPPU, VALIYAMOOLA, ALAMPADY P.O.KASARAGOD DISTRICT-671 123.

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2 ABDUL SALAM, AGED 31 YEARS S/O RUKIYA, THAIVALAPPU, VALIYAMOOLA, ALAMPADY P.O.KASARAGOD DISTRICT-671 123.

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3 MOHAMMED SHAFEEQUE, S/O RUKIYA, THAIVALAPPU, VALIYAMOOLA, ALAMPADY P.O.KASARAGOD DISTRICT-671 123.

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4 FAREEDA, D/O RUKIYA, THAIVALAPPU, VALIYAMOOLA, ALAMPADY P.O.KASARAGOD DISTRICT-671 123.

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BY ADV M.N.SANJITH

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RESPONDENTS:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KASARAGOD, CIVIL STATION, PIN-671 123.

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2 THE SALE OFFICER, KASARAGOD PRIMARY CO-OP AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO F.F.113, KASARAGOD-671 121.

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3 THE KASARAGOD PRIMARY CO-OP AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO F.F.113, KASARAGOD-671 121, REPRESENTED BY THE SECRETARY

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BY ADV PUSHPARAJAN KODOTH BY SR. GOVT. PLEADER SMT.MABLE C. KURIAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P.(C) No.9084 of 2021

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= = = = = = = = = = = = = = = = = = Dated this the 1^st day of December, 2021

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J U D G M E N T

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Repayment of the loans availed by the petitioners

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were defaulted. Proceedings for recovery were initiated

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by the third respondent Bank. It is at that stage that this writ petition is filed. The petitioners seek for

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regularisation of the accounts.

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Heard Sri.M.N.Sanjith, learned counsel for the petitioners and Sri.Kodoth Pushparajan, the learned counsel for the third respondent Bank.

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The petitioners seek for regularisation of the

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accounts. The learned Standing Counsel submits that

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there is further term for the loan and that a reasonable

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facility could be afforded to the petitioner

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safeguarding the interests of the Bank.

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W. P.(C) No.9084 of 2021

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-: 2 :-

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Accordingly, the writ petition is disposed of

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with the following directions:-

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(i) The petitioners are permitted to have the

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loan accounts regularised by repaying the entire over dues in the accounts with interest

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and costs, in ten equal monthly installments commencing from 04.01.2022.

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(ii) The subsequent installments shall be

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payable on or before the 5^th day of every succeeding month.

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(iii) The installments so payable shall be in addition to the regular EMI's payable in the loan accounts.

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(iv) In case of default in payment of a single installment, of either the overdue or the EMI,

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the petitioners will lose the benefit granted

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W. P.(C) No.9084 of 2021

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-: 3 :-

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under this judgment and further proceedings for recovery can continue.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 9084/2021

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PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE NOTICE DATED 28.1.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS

Rukiya v. the Joint Registrar of Co-Operative Societies

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Rukiya v. the Joint Registrar of Co-Operative Societies

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