Disposed

Lissy v. the Joint Registrar for Co. Operative Society (General)

Kerala HC2 Apr 2024WP(C)/1451/2024

Case brief

AI extract

What is this about?

Petitioner sought direction to the Bank to consider her representation for set-off of amounts against a loan account and to pay the balance in 25 monthly instalments. The Bank agreed to consider instalments. The Court directed the competent Authority to hear the petitioner and pass an appropriate order within two weeks, without expressing any opinion on maintainability.

What did the court decide?

Direction to the Bank's competent authority to hear the petitioner on Ext.P3 and her instalment prayer and act thereon within two weeks.

Lissy Vs the Joint Registrar for Co. Operative Society… — 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 DEVAN RAMACHANDRAN

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TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 1451 OF 2024

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PETITIONER:

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LISSY
AGED 48 YEARS
W/O GEORGE VICTOR, VADAKKUMPADAN HOUSE,
KUZHIKATTUKONAM, MUKUNDAPURAM TALUK, THRISSUR,
PIN - 680122
BY ADV RAJESH CHAKYAT

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RESPONDENTS:

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1 THE JOINT REGISTRAR FOR CO OPERATIVE SOCIETY (GENERAL), COLLECTORATE, CIVIL LINE, AYYANTHOL, THRISSUR, PIN - 680003

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2 THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETY MUKUNDAPURAM, IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121

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3 THE SPECIAL SALES OFFICER 3 THE ASSISTANT REGISTRAR OFFICE, MUKUNDAPURAM, IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121

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4 KARUVANNUR SERVICE CO OPERATIVE BANK LTD NO.112 KARUVANNUR P.O, THRISSUR DISTRICT. REPRESENTED BY: THE ADMINISTRATOR, PIN - 680711

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BY ADVS.
V.BINOY RAM
K.C.HARISH(K/000788/2017)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1451 OF 2024 2

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JUDGMENT

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The petitioner has approached this Court seeking a direction to the 4^th respondent to consider Ext.P3, wherein, she has sought “set off” of certain amounts against the loan account availed of by her; and also that she be permitted to pay the balance loan amount in 25 equal monthly instalments.

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However, in response to the afore submissions of Sri.Rajesh Chakyat C. - learned counsel for the petitioner, the learned Standing Counsel for the 4^th respondent – Bank, Sri.V.Binoy Ram, submitted that, Ext.P3 may not be maintainable, because the “set off” as prayed for therein is not legally permissible. He, however, added that if the petitioner only requires the said representation to be disposed of, as also for consideration of her claim for payment in instalments, his client is willing to do so; however, praying that no affirmative declarations be made in this judgment. He explained that the number of instalments, if at all allowable, will have to be fixed by his client and it may not possible to grant 25 as prayed for.

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The learned counsel for the petitioner acceded to the afore suggestion.

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In the afore circumstances, I allow this writ petition and direct

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WP(C) NO. 1451 OF 2024 3

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the competent Authority of the 4^th respondent to hear the petitioner, adverting to Ext.P3, as also her prayer for payment of the balance amounts in the loan account in monthly instalments; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two weeks from the date of receipt of a copy of this judgment.

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Needless to say, the afore directions cannot be construed by anyone to mean that this Court has found Ext.P3 to be maintainable, or that the prayers therein are eligible to the petitioner; and it is fully up to the Bank to decide the same, as also the number of instalments, if any, to be granted in terms of law.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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MC/3.4

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WP(C) NO. 1451 OF 2024 4

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APPENDIX OF WP(C) 1451/2024

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PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE RELEVANT PAGES OF KURI
BOOK OF KARUVANNUR SERVICE CO OPERATIVE
BANK LTD
Exhibit P2A TRUE COPY OF THE DEMAND NOTICE DATED
05.12.2023 ISSUED BY THE 3RD RESPONDENT
Exhibit P3A TRUE COPY OF THE REPRESENTATION DATED
15.12.2023

Lissy v. the Joint Registrar for Co. Operative Society (General)

Case brief

What is this about?

What did the court decide?

Lissy v. the Joint Registrar for Co. Operative Society (General)

Case brief

What is this about?

What did the court decide?

What the court decided

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