Disposed

Vijayakumari, v. Mannarkkad Rural Service Co-Operative Bank Ltd. No. 922

Kerala HC27 Jun 2022WP(C)/12757/2022

Case brief

AI extract

What is this about?

In a writ petition filed by four petitioners against a rural service cooperative bank and its special sale officer, the High Court of Kerala granted permission for the petitioners to pay the overdue sum in instalments instead of immediate coercive recovery.

What did the court decide?

Petitioners directed to pay overdue amount in 12 equal monthly instalments; coercive recovery steps kept in abeyance for two consecutive defaults.

Vijayakumari, Vs Mannarkkad Rural Service Co-Operative… — Banking and Recovery | Kerala HC (2022)

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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 T.R.RAVI

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MONDAY, THE 27^TH DAY OF JUNE 2022 / 6TH ASHADHA, 1944

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WP(C) NO. 12757 OF 2022

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PETITIONERS:

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1 VIJAYAKUMARI, AGED 50 YEARS D/O. KUMARAN, CHERUMKOTTIL HOUSE, NAMBIAMPADI, PULLISSERI P.O, MANNARKKAD TALUK, PALAKKAD DISTRICT 678 582.

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2 RUGMINI, D/O. KUMARAN, CHERUMKOTTIL HOUSE, NAMBIAMPADI, PULLISSERI P.O, MANNARKKAD TALUK, PALAKKAD DISTRICT -678 582.

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3 SAROJINI, W/O. KUMARAN, CHERUMKOTTIL HOUSE, NAMBIAMPADI, PULLISSERI P.O, MANNARKKAD TALUK, PALAKKAD DISTRICT -678 582.

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4 RAMAKRISHNAN, D/O. KUMARAN, CHERUMKOTTIL HOUSE, NAMBIAMPADI, PULLISSERI P.O, MANNARKKAD TALUK, PALAKKAD DISTRICT- 678 582.

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BY ADV K.MOHANAKANNAN

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RESPONDENTS:

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1 MANNARKKAD RURAL SERVICE CO-OPERATIVE BANK LTD. NO. 922,NADAMALIGA ROAD, MANNARKKAD, PALAKKAD- 678 582, REPRESENTED BY ITS SECRETARY.

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2 SPECIAL SALE OFFICER, MANNARKKAD RURAL SERVICE CO-OPERATIVE BANK LTD. OFFICE OF THE ASST. REGISTRAR (GENERAL), NADAMALIGA ROAD MANNARKKAD, PALAKKAD DISTRICT- 678 582.

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WP(C) NO. 12757 OF 2022

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BY ADVS. K.P.PRADEEP M.J.ANOOPA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12757 OF 2022

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T.R. RAVI, J.

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-------------------------------------------- W.P.(C)No.12757 of 2022

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Dated this the 27^th day of June, 2022

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JUDGMENT

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Petitioners seek permission to wipe off the liability to the respondents in equated monthly instalments.

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The counsel for the respondents submits that a sum of Rs.17,45,325/- is due from the petitioners and that the respondents have no objection for permitting the petitioners to pay the amounts in 10 equal monthly instalments.

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The counsel for the petitioners seeks more

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indulgence.

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In such circumstances this writ petition is disposed of, directing the petitioners to pay the amounts overdue in 12 equal monthly instalments, the first instalment falling due on or before 27.07.2022 and the subsequent instalments falling due on or before the 27^th day of the succeeding months. If the petitioners make consecutive defaults of two instalments, the respondents will be free to continue with the steps for

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WP(C) NO. 12757 OF 2022

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recovery. Coercive steps for recovery shall be kept in abeyance to facilitate the petitioners to pay the amount in

instalments.

Sd/-

T.R.RAVI

JUDGE

mpm

WP(C) NO. 12757 OF 2022

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APPENDIX OF WP(C) 12757/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE AWARD PASSED BY THE ASSISTANT REGISTRAR , MANNARKKAD DATED 24.09.2020. Exhibit P2 TRUE COPY OF THE NOTICE ISSUED UNDER RULE 81E OF THE CO-OPERATIVE SOCIETIES RULES BY THE 2ND RESPONDENT DATED 9.3.2022.

Vijayakumari, v. Mannarkkad Rural Service Co-Operative Bank Ltd. No. 922

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Vijayakumari, v. Mannarkkad Rural Service Co-Operative Bank Ltd. No. 922

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