Disposed

Gopinathan T v. Aloor Service Co-Operative Bank LTD.NO.693

Kerala HC7 Mar 2024WP(C)/1287/2023

Case brief

AI extract

What is this about?

A senior citizen borrower facing sale of his property for default on a personal loan sought instalment repayment. The Court directed the bank to accept Rs.35,56,726 with interest in structured payments—two lump sums and twelve EMIs—and kept coercive proceedings in abeyance during repayment.

What did the court decide?

Direction to accept repayment of outstanding amount with interest/charges via two Rs.2 lakh payments plus twelve monthly instalments; coercive proceedings kept in abeyance.

Gopinathan T Vs Aloor Service Co-Operative Bank… — 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.

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THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945
WP(C) NO. 1287 OF 2023

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PETITIONER/S:

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GOPINATHAN T, AGED 71 YEARS
THARAMAL HOUSE, ANNALLOOR P.O., ALOOR VILLAGE,
CHALAKUDY TALUK THRISSUR DISTRICT, PIN - 680737
BY ADVS.
JITHIN BABU A
ARUN SAMUEL
CLETUS THOTTAPILLY

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RESPONDENT/S:

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1 ALOOR SERVICE CO-OPERATIVE BANK LTD.NO.693 ALOOR, THRISSUR DISTRICT. REPRESENTED BY ITS SECRETARY, PIN - 680683

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2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),THRISSUR, PIN - 680001

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3ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
MUKUNDAPURAM, ADMINISTRATION OFFICE OF THE ASSISTANT
REGISTRAR OF COOPERATIVE SOCIETIES,
MUKUNDAPURAM ,THRISSUR DISTRICT, PIN - 680733
4SPECIAL SALE OFFICER, ALOOR SCB GROUP,
OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE
SOCIETIES, CHALAKUDY, THRISSUR DISTRICT, PIN - 680307
BY ADVS.
SMT.I. SHEELA DEVI
BINESH.K.N.(B-482)

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GP- SMT MABLE C KURIAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1287 OF 2023 2

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JUDGMENT

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Petitioner availed a personal loan from the first respondent bank. On default being committed, proceedings were initiated against the petitioner under the provisions of the Kerala Cooperative Societies Act 1969. The property of the petitioner has been brought to sale through a sale notice dated 08.02.2024. This prompted the petitioner to approach this Court by filing the above writ petition.

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Learned counsel appearing for the petitioner would submit that the petitioner is a senior citizen and he could not pay the loan liability due to financial crisis. Learned counsel submits that the petitioner is only seeking the liberty of repaying the entire amount in some reasonable instalments.

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Learned counsel appearing for the respondent Bank would submit Bank has no objection in some reasonable instalments being permitted to the petitioner to clear the entire liability provided he shall remit a substantial amount on or before 31.03.2024, It is submitted that the outstanding amount, as on 06.03.2024, is Rs.35,56,726/- (Rupees Thirty five lakhs fifty six thousand seven hundred and twenty six only).

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WP(C) NO. 1287 OF 2023 3

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Having regard to the facts and circumstances of the case and the situation now prevailing, apart from the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount in twelve instalments.

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Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.35,56,726/- (Rupees Thirty five lakhs fifty six thousand seven hundred and twenty six only) along with accrued interest and bank charges from the petitioner in the following manner:

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(i) The petitioner shall pay a sum of Rs.2,00,000/- (Rupees Two lakhs only) towards the loan liability on or before 31.03.2024 and a further sum of Rs.2,00,000/- (Rupees Two lakhs only) shall be paid on or before 15.04.2024;

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(ii) The balance outstanding amount of Rs.31,56,726/- (Rupees Thirty one lakhs fifty six thousand seven hundred and twenty six only) shall be repaid in twelve equated monthly instalments along with any accrued interest/costs;

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(iii) The first instalment shall be paid on or before 15.05.2024 and the subsequent instalments shall be paid on or before the 15^th day of the succeeding months;

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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 the law;

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WP(C) NO. 1287 OF 2023 4

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

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Considering the liberal instalments already granted, no

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extension of time will be granted under any circumstances.

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The writ petition is disposed of as above.

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Sd/-

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GOPINATH P.

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JUDGE

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ajt

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WP(C) NO. 1287 OF 2023 5

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APPENDIX OF WP(C) 1287/2023

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PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE DEMAND NOTICE DATED
07.10.2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit P2A TRUE COPY OF THE NOTICE DATED 23.12.2022
ISSUED BY THE 4TH RESPONDENT.
Exhibit P3A TRUE COPY OF THE NOTICE DATED 09.01.2023
ISSUED BY THE 4TH RESPONDENT.
Exhibit P4A TRUE COPY OF THE MEDICAL DOCUMENTS OF THE
PETITIONER.

Gopinathan T v. Aloor Service Co-Operative Bank LTD.NO.693

Case brief

What is this about?

What did the court decide?

Gopinathan T v. Aloor Service Co-Operative Bank LTD.NO.693

Case brief

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What did the court decide?

What the court decided

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