Disposed

Jalaja K., v. Assistant Registrar of Co-Operative Societies

Kerala HC16 Jun 2022WP(C)/4991/2022

Case brief

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What is this about?

This court disposed of a writ petition filed by a petitioner seeking permission to pay outstanding bank dues in instalments due to financial constraints caused by her son's illness. The court directed repayment over ten months with recovery proceedings staying unless default occurs.

What did the court decide?

Directed the petitioner to pay the outstanding balance of Rs.3,31,000/- in 10 equal monthly instalments, with the first due by 15.07.2022, and kept coercive recovery steps in abeyance.

Jalaja K., Vs Assistant Registrar of Co-Operative… — Cooperative Societies | 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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THURSDAY, THE 16^TH DAY OF JUNE 2022 / 26TH JYAISHTA, 1944

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WP(C) NO. 4991 OF 2022

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PETITIONER:

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JALAJA K., AGED 48 YEARS D/O. KAMALAKSHI, MUTTAVILA POTTUMAVILA VEEDU, KEEZHAMMAKOM, CHENKAL, VLATHANKARA P.O, THIRUVANANTHAPURAM -695 134.

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BY ADVS. R.T.PRADEEP M.BINDUDAS K.C.HARISH

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RESPONDENTS:

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1 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, NEYYATTINKARA P.O, THIRUVANANTHAPURAM-695 121

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2 CHENKAL SERVICE CO-OPERATIVE BANK LTD. NO.1258, REPRESENTED BY ITS SECRETARY, CHENKAL P.O, NEYYATTINKARA, THIRUVANANTHAPURAM -695 132

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3 SECRETARY, CHENKAL SERVICE CO-OPERATIVE BANK LTD. NO. 1258, CHENKAL P.O, NEYYATTINKARA, THIRUVANANTHAPURAM-695 132.

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4 SENIOR SUPERINTENDENT, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, VAIDYUTHA BHAVAN, NEAR PWD BUNGALOW, NEYYATTINKARA P.O, THIRUVANANTHAPURAM 695 121.

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5 RENE GLADSTONE, SERNIOR FAIRCOPY ASSISTANT, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, VAIDYUTHA BHAVAN, NEAR PWD BUNGALOW, NEYYATTINKARA P.O, THIRUVANANTHAPURAM 695 121.

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WP(C) NO. 4991 OF 2022

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BY ADVS. B.S.SWATHI KUMAR SRI.K.S.ANIL, SC, KSEB ANITHA RAVINDRAN HARISANKAR N UNNI SARANGADHARAN P. N.S.SHAMILA

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SRI. DHEERAJ A.S. GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4991 OF 2022

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JUDGMENT

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The petitioner has approached this Court seeking permission to pay balance amounts outstanding to respondents 2 and 3 in equal instalments.

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A counter affidavit has been filed on behalf of respondents 2 and 3 in which it is stated that the present outstandings from the petitioner is Rs.3,31,000/-.

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The petitioner submits that she is in serious financial constraints owing to the illness of her son and she may be permitted to pay the amounts in 10 equal monthly instalments.

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Considering the difficulty expressed by the petitioner and the contention of the Bank that the petitioner as well as her husband are in default of huge sums of money, the writ petition is disposed of directing the petitioner to pay off the balance amounts outstanding in 10 equal monthly instalments, the first instalment falling due on or before 15.07.2022 and the subsequent instalments falling due on or before the 15^th day of the succeeding months. If the petitioner commits

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WP(C) NO. 4991 OF 2022

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default in payment of two consecutive instalments, the Bank is

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free to proceed with the steps for recovery. Coercive steps for recovery will be kept in abeyance to facilitate the petitioner to

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pay the amount in instalments.

Sd/-

T.R.RAVI JUDGE

mpm

WP(C) NO. 4991 OF 2022

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APPENDIX OF WP(C) 4991/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE EXPENDITURE CERTIFICATE OF SON OF PETITIONER DATED 12.2.2021 FOR AN AMOUNT OF RS. 20 LAKHS.

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Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE OF SON OF PETITIONER DATED 24.04.2021.

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Exhibit P3 TRUE COPY OF THE ORDER OF REQUISITION DATED 10.1.2022 FROM 3RD RESPONDENT TO 4TH RESPONDENT WHO IS THE DISBURSING OFFICER OF 5TH RESPONDENT.

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RESPONDENT EXHIBITS

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Exhibit R2(A) TRUE COPY OF THE COMPUTERISED STATEMENT (LEDGER COPY) OF THE PETITIONER IN RESPECT OF MDS 12 VLATHANKARA (ACCOUNT NO. 004012000038) Exhibit R2(B) TRUE COPY OF THE COMPUTERISED STATEMENT (LEDGER COPY) OF THE PETITIONER IN RESPECT OF MDS 12 VLATHANKARA (ACCOUNT NO. 004012000037) Exhibit R2(C) TRUE COPY OF THE DETAILS OF THE LOAN NOS. 12/38 AND 12/37 OF THE 2ND RESPONDENT

Jalaja K., v. Assistant Registrar of Co-Operative Societies

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Jalaja K., v. Assistant Registrar of Co-Operative Societies

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