Disposed

Sasidharan Nair E v. The Joint Registrar of Co-operative Societies, Kasaragod

Kerala HC13 Mar 2023WP(C)/679/2023

Case brief

AI extract

What is this about?

The High Court of Kerala directed the respondent bank to regularize the petitioner's loan account and accept overdue repayment in ten monthly instalments, keeping coercive proceedings in abeyance, upon the bank's submission of willingness to do so.

What did the court decide?

Directed bank to accept overdue repayment of Rs.5,24,942/- in ten monthly instalments starting 20-04-2023 and regularize loan account; coercive proceedings stayed.

Sasidharan Nair E Vs The Joint Registrar of… — Service and Employment | Kerala HC (2023)

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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 GOPINATH P.

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MONDAY, THE 13^TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944

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WP(C) NO. 679 OF 2023

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PETITIONER:

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SASIDHARAN NAIR E AGED 55 YEARS S/O. MALINGU NAIR V RESIDING AT NOOVAMBAYAL HOUSE, PANOOR, KOTOOR P.O. KASARAGOD DISTRICT, PIN - 671542

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BY ADVS. RESHMA E. O.MINCY SHINCE TOM

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RESPONDENTS:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KASARAGOD THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KASARAGOD, KASARAGOD DISTRICT, PIN - 671123

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2 THE MANAGER, THE KASARAGOD PRIMARY CO-OPERATIVE THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, LTD; NO.F.F.113, KASARAGOD, KASARAGOD DISTRICT, PIN - 671121

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3 THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, LTD; NO.F.F.113, KASARAGOD THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, LTD; NO.F.F.113, KASARAGOD, KASARAGOD DISTRICT, PIN - 671121

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4 SENIOR INSPECTOR/SPECIAL SALE OFFICER SENIOR INSPECTOR/SPECIAL SALE OFFICER, THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, LTD; NO.F.F.113, KASARAGOD, KASARAGOD DISTRICT, PIN - 671121

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ADV. SRI. PUSHPARAJAN KODOTH FOR R2 TO R4

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P (C) No.679/2023

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J U D G M E N T

The petitioner availed an agricultural loan from the 3^rd respondent bank. On default being committed, proceedings have been taken against the petitioner under the provisions of the Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984, prompting the petitioner to file the present writ petition.

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During the course of hearing, petitioner has confined the relief to an opportunity for repaying the overdue amount in instalments and to obtain regularisation of the loan account.

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The learned counsel for the respondent bank submits that the overdue amount as on 11-03-2023 is Rs.5,24,942/- It was further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept repayment of the overdue amount in limited instalments and regularise the loan account.

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Accordingly, there will be a direction to the respondent bank to accept repayment of the entire overdue amount of Rs.5,24,942/- along with bank charges from the petitioner and regularise the loan account of the petitioner on the following conditions:

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(i) The overdue amount of Rs.5,24,942/- together with any accrued interest / bank charges shall be repaid in ten (1o) equated monthly instalments.

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(ii) The first instalment shall be paid on or before 20-04-2023 and the subsequent instalments shall be paid on or before 20^th day of every succeeding month.

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W.P (C) No.679/2023

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(iii) Petitioner shall continue to pay the regular EMI’s along with the instalments directed above.

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(iv) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with law.

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(v) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.

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The writ petition is disposed of as above.

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Sd/- GOPINATH P. JUDGE

AMG

W.P (C) No.679/2023

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APPENDIX OF WP(C) 679/2023

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PETITIONER EXHIBITS

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Exhibit P1	THE TRUE COPY OF THE MEMBER'S STATEMENT AS ON 04.01.2023 AND LOAN DETAILS OF THE LOAN ACCOUNT OF THE PETITIONER IN MEMBER NO. A14297 FROM THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, LTD; NO. F.F.113
Exhibit P2	A TRUE COPY OF THE NOTICE DATED 05.07.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P3	A TRUE COPY OF THE NOTICE DATED 14.09.2022 ISSUED BY THE 2ND RESPONDENT BANK TO THE PETITIONER
Exhibit P4	A TRUE COPY OF THE AUCTION SALE NOTICE DATED 20.12.2022 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER
Exhibit P5	A TRUE COPY OF THE REPRESENTATION DATED 06.01.2023

Sasidharan Nair E v. The Joint Registrar of Co-operative Societies, Kasaragod

Case brief

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Sasidharan Nair E v. The Joint Registrar of Co-operative Societies, Kasaragod

Case brief

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What did the court decide?

What the court decided

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