Disposed

Sukumaran v. Kerala Co-Operative Tribunal

Kerala HC5 Feb 2024WP(C)/10203/2022

Case brief

AI extract

What is this about?

Writ petition challenging recovery proceedings by a co-operative bank over a loan. The court, as an indulgence despite the petitioner's non-compliance with an interim deposit order, permitted repayment of the outstanding amount in twenty equated monthly instalments and kept coercive proceedings in abeyance during repayment.

What did the court decide?

Twenty monthly instalments to repay Rs.15,97,658/- with interest and charges; coercive proceedings kept in abeyance; bank free to proceed on any default.

Sukumaran Vs Kerala Co-Operative Tribunal — Cooperative Societies | Kerala HC (2024)

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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.
MONDAY, THE 5TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945
WP(C) NO. 10203 OF 2022

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PETITIONER/S:

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SUKUMARAN
AGED 85 YEARS
S/O VEALAYUDHAN, VELLAYIL, THRIPERUMTHURA VILLAGE,
THRIPERUMTHURA, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.
BY ADVS.
P.T.SHEEJISH
P.K.PURUSH
HARIKIRAN
PRAVEENKUMAR P.
VARNIBHA.T
PARVATHY S.KRISHNAN
A.ABDUL RAHMAN (A-1917)
AKHILA SRIDHARAN
STEPHY GRACE RAJ
P.P.RAVOOF

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RESPONDENT/S:

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1 KERALA CO-OPERATIVE TRIBUNAL THIRUVANANTHAPURAM-695001.

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2THE MAVELIKARA TALUK CO-OPERATIVE BANK,
NO.-707, HEAD OFFICE , PULIMOODU JUNCTION, MAVELIKARA,
ALAPPUZHA, PIN-690101, REPRESENTED BY ITS SECRETARY.
3SPECIAL SALE OFFICER, FOR ARBITRATION AND EXECUTION,
ASSISTANT REGISTRAR (G) OFFICE, MAVELIKARA,
ALAPPUZHA DISTRICT. 690101
4ADDL. ANIL KUMAR V.S.
AGED 50 YEARS
SOUGHT TO BE IMPLEADED
BY ADVS.
B.ASHOK SHENOY
P.S.GIREESH
ARJUN R NAIK
VENUGOPAL V -GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 10203 OF 2022 2

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JUDGMENT

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This writ petition has been filed, challenging recovery proceedings initiated by the Mavelikara Taluk Co-operative Bank to recover amounts due under a loan availed by the petitioner.

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On a consideration of the writ petition, it is clear that the only relief that can be granted to the petitioner is the opportunity for repaying the liability in instalments. This Court, by order dated 24.03.2022, had stayed the coercive proceedings on condition that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One lakh only) within one month. That order has not been complied with, but the interim order has been extended from time to time till 10.06.2022.

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Learned counsel appearing for the respondent bank would submit that, as on today (05.02.2024), the total amount due from the petitioner towards the loan liability is Rs.15,97,658/(Rupees Fifteen lakhs ninety seven thousand six hundred and fifty eight only). He submits that the bank has no objection in granting some instalments to the petitioner.

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Though the petitioner has not demonstrated bona fides as he failed to deposit the amount directed to be paid as per order dated 24.03.2022, having regard to the facts and circumstances

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WP(C) NO. 10203 OF 2022 3

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of the case and purely, as a matter of indulgence, the petitioner is granted twenty months time from today to pay the amount of Rs.15,97,658/- (Rupees Fifteen lakhs ninety seven thousand six hundred and fifty eight only).

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Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.15,97,658/- (Rupees Fifteen lakhs ninety seven thousand six hundred and fifty eight only) along with accrued interest and bank charges from the petitioner in the following manner:

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(i) The outstanding amount of Rs.15,97,658/- (Rupees Fifteen lakhs ninety seven thousand six hundred and fifty eight only) shall be repaid in twenty equated monthly instalments along with any accrued interest/costs;

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(ii) The first instalment shall be paid on or before 29.02.2024 and the subsequent instalments shall be paid on or before the last working day of the succeeding months;

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(iii) 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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(iv) 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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ajt

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 GOPINATH P., JUDGE

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 Sd/-

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WP(C) NO. 10203 OF 2022 4

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APPENDIX OF WP(C) 10203/2022

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PETITIONER EXHIBITS

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Exhibit P1THE TRUE COPY OF THE AWARD DATED 14.02.2018
IN ARC NO. 28/2018

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Exhibit P2THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER.
Exhibit P3THE TRUE COPY OF THE TREATMENT RECORDS OF THE
PETITIONER'S SON.
Exhibit P4THE TRUE COPY OF THE MEMORANDUM OF APPEAL
FILED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT.
Exhibit P5THETRUE COPY OF THE PETITION TO CONDONE THE
DELAY EXHIBIT P4 APPEAL FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P6THE TRUE COPY OF THE PHOTOGRAPH OF THE
PETITIONER.
Exhibit P7THE TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN WPC NO. 2214/2022 DATED 21.01.2022.
Exhibit P8THE TRUE COPY OF THE ORDER DATED 15.03.2022
PASSED BY THE 1ST RESPONDENT.

Sukumaran v. Kerala Co-Operative Tribunal

Case brief

What is this about?

What did the court decide?

Sukumaran v. Kerala Co-Operative Tribunal

Case brief

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What did the court decide?

What the court decided

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