Disposed

C.S. Ayoob Khan v. the Joint Registrar (General)

Kerala HC1 Feb 2024WP(C)/1055/2024

Case brief

AI extract

What is this about?

A borrower who defaulted on loans from a co-operative bank and faced a property sale notice sought installment repayment. The bank agreed; the court ordered payment of about Rs.38.50 lakhs in fifteen monthly installments, with coercive proceedings kept in abeyance so long as payments were made.

What did the court decide?

Petitioner permitted to pay outstanding in 15 equal monthly installments from 15.3.2024; coercive proceedings kept in abeyance if paid diligently.

C.S. Ayoob Khan Vs the Joint Registrar (General) — Cooperative Societies | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
THURSDAY,THE1STDAYOFFEBRUARY2024/12THMAGHA,1945
WP(C)NO.1055OF2024

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PETITIONER:

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C.S.AYOOBKHAN
AGED54YEARS
S/OSULAIMANRAWTHEREETTIMOOTTILPUTHENVEEDU,
KUMMANNOORP.O.KONNI,PATHANAMTHITTA,PIN-689691

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BYADVS.
S.SHANAVASKHAN
S.INDU
KALAG.NAMBIAR

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RESPONDENTS:

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1THEJOINTREGISTRAR(GENERAL)
OFFICEOFTHEJOINTREGISTRAROFCO-OPERATIVE
SOCIETIES(GENERAL)PATHANAMTHITTA,PIN-689691

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2THEASSISTANTREGISTRAR(GENERAL)/SPECIALSALE
OFFICER
ARUVAPPULAMFSCBGROUPOFFICEOFTHEASSISTANT
REGISTRAROFCO-OPERATIVESOCIETIES(GENERAL)KONNI,
PATHANAMTHITTA,PIN-689691

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3THEARUVAPPULAMFARMER'SSERVICECO-OPERATIVEBANK
LTD.NO.P.T.148
AYRAVONBRANCH,ARUVAPPULAMP.O.,PATHANAMTHITTA
REPRESENTEDBYITSBRANCHMANAGER,PIN-689691

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BYADVS.
SREEKUMARCB
SAGITHKUMARV,SC(K/2137/2019)
DEVAPRIYAS.(K/2928/2023)

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON01.02.2024,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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W.P(C) No.1055 of 2024

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JUDGMENT

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The petitioner states that he had availed two separate loans from the 3^rd respondent bank in the year 2015 for a sum of Rs.7 lakhs and 13 lakhs, respectively. The immovable property, having an extent of 19.37 ares, 10.11 ares and 10.12 ares owned by the petitioner, was offered as security. The petitioner states that he suffered substantial losses in his business operations, which impaired his finances, and was not able to pay the loan installments on time. Arbitration proceedings were initiated and an award has been passed. The petitioner states that he has now been issued with Exhibit P2 sale notice threatening coercive proceedings. It is in the afore circumstances that this writ petition is filed seeking to quash Exts.P2 and P3 and also for a direction to the respondents to permit the petitioner to pay the total outstanding in installments.

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The learned Standing Counsel appearing for the 3rd respondent bank submits that the total outstanding as of date is about Rs.38.50 lakhs. The learned counsel submits that the 3rd respondent is not averse to granting an opportunity to the petitioner to clear the amount due in installments. However, he submits that not more than six installments be granted.

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W.P(C) No.1055 of 2024

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Upon careful consideration of the submissions made by both parties, it is evident that the petitioner owes in excess of Rs.38.50 lakhs to the 3rd respondent Bank. The respondents, very fairly, have agreed to permit the petitioner to settle the amount through a limited number of installments. As a measure of last resort, I am inclined to issue directions to facilitate the petitioner in discharging his financial obligations to the 3rd respondent. This approach is deemed necessary to provide a structured pathway for the petitioner to clear off his monetary liabilities in a manageable manner.

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Resultantly, this writ petition is ordered, and the following directions are issued:

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The petitioner shall approach the 3rd respondent

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with a request to inform him of the details of the outstanding, together with interest and other charges due from him in respect of the loan account. If such a request is made within two weeks from the date of receipt of a copy of this judgment, the respondent shall forthwith issue a statement in writing detailing the amounts due.

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W.P(C) No.1055 of 2024

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2. On receipt of such a statement, the petitioner shall

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pay the amounts shown therein in fifteen (15) equal monthly installments commencing from 15.3.2024

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and continue to pay the same on every successive month thereafter until the entire loan is wiped off.

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If the amounts are diligently paid in terms of the directions above, coercive proceedings initiated against him by the respondent for the realization of the amount shall be kept in abeyance.

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It is made clear that if the petitioner commits default of any two installments, he will lose the benefit of this judgment, and the concerned respondent will be free to continue the recovery proceedings against him from the stage at which he presently stands and

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recover the entire amount along with interest and other charges.

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It is further made clear that no application for an extension of time will be entertained.

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Sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

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IAP

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W.P(C) No.1055 of 2024

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APPENDIX OF WP(C) 1055/2024

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PETITIONER’SEXHIBITS:

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ExhibitP1TRUECOPYOFTHEUNIQUEDISABILITY
IDENTIFICATIONCARDISSUEDBYDEPARTMENTOF
SOCIALJUSTICE
ExhibitP2TRUECOPYOFTHESALENOTICEDATED
24/11/2023ALONGWITHFORM9ISSUEDBYTHE
2NDRESPONDENT
ExhibitP3TRUECOPYOFTHENOTIFICATIONFORSALEOF
PROPERTYDATED27/11/2023THATAPPEAREDIN
MALAYALAMANORAMADAILYDATED28/11/2023
ExhibitP4TRUECOPYOFTHERECEIPTDATED30/11/2023
EVIDENCINGTHEPAYMENTOFMONEY
ExhibitP5TRUECOPYOFTHELETTERDATED12/12/2023OF
THEFIRSTRESPONDENT

C.S. Ayoob Khan v. the Joint Registrar (General)

Case brief

What is this about?

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C.S. Ayoob Khan v. the Joint Registrar (General)

Case brief

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