Allowed

S Biju v. Special Sale Officer

Kerala HC12 Feb 2024WP(C)/1166/2024

Case brief

AI extract

What is this about?

A borrower defaulted on an agricultural loan after cattle disease and illness; the bank issued a recovery notice. The court granted a facility of fifteen equal monthly installments to clear the overdue amount, with regular installments continuing and coercive proceedings kept in abeyance if paid diligently.

What did the court decide?

Instalment facility of 15 monthly installments for overdue dues, coercive proceedings kept in abeyance on diligent payment.

S Biju Vs Special Sale Officer — Cooperative Societies | Kerala HC (2024)

¶1

THEHIGHCOURTOFKERALAATERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

MONDAY,THE12THDAYOFFEBRUARY2024/23RDMAGHA,1945

¶5

WP(C)NO.1166OF2024

¶6

PETITIONER:

¶7

SBIJU,AGED48YEARS,S/O.SUKUMARAN,BIJUBHAVAN,
PERINGANADU,MUNDAPPALLY,PARAKOOTTAMP.O.,ADOOR,
PATHANAMTHITTADISTRICT,PIN-691551

¶8

BYADVS.A.C.DEVY,
A.M.ABDULLA
K.R.RAMISH

¶9

RESPONDENTS:

¶10

1SPECIALSALEOFFICER,ADOORPRIMARYCO-OPERATIVE
AGRICULTURALRURALDEVELOPMENTBANK,
OFFICEOFASSISTANTREGISTRAR(GENERAL)OFCO.OP.
SOCIETIES,ADOOR,PIN-691523

¶11

2THEBRANCHMANAGER,
ADOORPRIMARYCO-OPERATIVEAGRICULTURALRURAL
DEVELOPMENTBANK,
ADOOR,
PATHANAMTHITTADISTRICT,PIN-691523

¶12

BYADVS.O.K.DEEPAMOL(K/455/2009)

¶13

SRI.GEORGEABRAHAMPACHAYIL,SCFORADOORPRIMARY
CO-OPERATIVEAGRICULTURALRURALDEVELOPMENTBANK

¶14

THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
12.02.2024,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

¶15

WP(C)NO.1166OF2024

¶16

¶17

JUDGMENT

¶18

The petitioner states that he had availed an agricultural loan for a sum

¶19

of Rs.3 lakhs by mortgaging the immovable property owned by him. The petitioner contends that the loan was availed for the purpose of conducting a dairy business. The cattle got infected with diseases, and a few of them died. He submits that the petitioner also had to undergo medical treatment for a prolonged period. This led the petitioner to commit default. He states that without granting the petitioner breathing time, the respondent bank has issued Ext.P1 notice threatening the initiation of recovery proceedings to realize the amount. It is in the afore circumstances that this writ petition is filed seeking the issuance of directions to the respondents to grant the petitioner a facility to repay the amount and clear the loan.

¶20

The learned standing counsel appearing for the respondents submitted that the overdue amount as of date is Rs.3,82,700/- and the outstanding amount is Rs. 4,79,775/-. However, he fairly submitted that he has instructions to submit that the bank has no reservations in providing an opportunity to settle the overdue amount. Nonetheless, he asserted that eight installments can be granted and that the petitioner shall continue to pay the regular installments.

¶21

WP(C)NO.1166OF2024

¶22

¶23

4. I have considered the submissions and have carefully gone

¶24

through the records.

¶25

From the submissions made by both sides, it appears that the total overdue amount from the petitioner is Rs.3,82,700/-. As the respondents have not objected to granting an installment facility to the petitioner to clear off the dues, I am of the view that necessary directions can be issued to enable the petitioner to clear the amounts due to the respondents.

¶26

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

¶27

(i) The petitioner shall approach the respondents with a request to inform them of the details of the overdue amount, 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 respondents shall forthwith issue a statement in writing detailing the amount due to clear the overdue amount.

¶28

(ii) On receipt of such a statement, the petitioner shall pay the amount shown therein in fifteen (15) equal monthly

¶29

WP(C)NO.1166OF2024

¶30

¶31

installments commencing from 15.3.2024 and continue to pay the same on every successive month thereafter until the entire loan is wiped off. In addition, the petitioner shall continue to pay the regular installments as and when the amounts become due.

¶32

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

¶33

(iv) It is made clear that if the petitioner commits default in respect of any two installments, he will lose the benefit of this judgment, and the concerned respondents will be free to continue the recovery proceedings against him from the stage at which he presently stands and recover the entire amount along with interest and other charges.

¶34

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

¶35

RAJA VIJAYARAGHAVAN V JUDGE

¶36

DCS

¶37

WP(C)NO.1166OF2024

¶38

¶39

APPENDIX OF WP(C) 1166/2024

¶40

PETITIONEREXHIBITS

¶41

ExhibitP1ATRUECOPYOFTHENOTICEDATED01/12/2023ISSUED
BY1STRESPONDENTUNDERRULE8(3)OFKERALAREVENUE
RECOVERYACT,1968

S Biju v. Special Sale Officer

Case brief

What is this about?

What did the court decide?

S Biju v. Special Sale Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Malu Krishna Vs the Branch Manager

Venugopal Cs Vs Parur Vadakkekara Service Co-Operative Bank Qtd) NO.3131

Anu Thomas Vs State of Kerala

Manoharan Kuniyil Pilakkavi Vs Kannur Primary Co-Operative Agricultural and Rural Development Bank Ltd.

Arumughan Vs Vallanghi-Vithanassery Service Co-Operative Bank LTD.,NO.282

Sujala S. Kumari Vs State of Kerala