Disposed

Parameswaran v. the Assistant Registrar of Co. Operative Society( General)

Kerala HC8 Jul 2024WP(C)/18207/2023

Case brief

AI extract

What is this about?

Writ petition challenging sale notices issued in execution of recovery proceedings against defaulters. Court granted 12-month repayment installment scheme and deferred coercive proceedings with liberty to respond upon default.

What did the court decide?

Order rendered to repay outstanding of ₹25,50,437 with interest in 12 monthly installments and defer coercive proceedings upon compliance.

Parameswaran Vs the Assistant Registrar of Co… — Execution and Attachment | 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 N.NAGARESH

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MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946

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WP(C) NO. 18207 OF 2023

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PETITIONERS:

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1 PARAMESWARAN

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AGED 52 YEARS

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S/O RAMAN, VETTIYADAN HOUSE, THEKKUMURI DESOM,
VARANDARAPPILLY VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR, PIN - 680303

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2 SUNITHA

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W/O BABU, KOTTAKATTUPARAMBIL HOUSE,
PALLIKUNNU, VARANDARAPPILLY VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR., PIN - 680303

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3 SUMESH

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S/O SUKUMARAN, VAILIKADA HOUSE, PALLIKUNNU,
THEKKUMURI DESOM, VARANDARAPPILLY VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR., PIN - 680303

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4 MELBIN

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S/O MOHANAN, KUZHICHAMADATHIL HOUSE,
VARANDARAPPILLY VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR, PIN - 680303

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5MABLE
W/O PARAMESWARAN, VETTIYADAN HOUSE,
THEKKUMURI DESOM, VARANDARAPPILLY VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR., PIN – 680303

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BY ADV RAJESH CHAKYAT

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RESPONDENTS:

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1 THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETY (GENERAL) THRISSUR, PIN - 680003

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WP(C) No.18207 of 2023

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2 THE SPECIAL SALES OFFICER OFFICE OF THE ASSISTANT REGISTRAR OFFICE (GENERAL), THRISSUR, PIN - 680003

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3 OLLUR SERVICE CO OPERATIVE BANK LTD NO.R-1120 OLLUR, THRISSUR, PIN – 680306

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BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN(K/1277/2012)
MABLE C KURIAN, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) No.18207 of 2023

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JUDGMENT

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Dated this the 8^th day of July, 2024

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The petitioners are members of the 3^rd respondent-Bank.

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During the year 2014, the petitioners availed five loans from the 3^rd respondent-Bank each for an amount of 2 lakhs.₹ Towards the above loans, the 2^nd petitioner mortgaged her property with the 3^rd respondent-Bank.

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The petitioners state that though the petitioners made remittances promptly during the initial repayment period of the financial advance, they could not pay the instalments promptly later due to financial difficulty. Due to the nonpayment, the 3^rd respondent-Bank initiated coercive proceedings against the petitioners and filed EP Nos.924, 925 and 926 of 2016, 1206 and 1207 of 2017 before the 2^nd respondent. Now in execution, the 2^nd respondent has issued Exts.P1 to P5 notices demanding a total of ₹23,72,138/-. The petitioners preferred Ext.P6 representation

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seeking time to pay the amount. Aggrieved by non-

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WP(C) No.18207 of 2023

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consideration of Ext.P6 and also aggrieved by the sale proceedings pursuant to Exts.P1 to P5, the petitioners are before this Court.

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Standing Counsel entered appearance on behalf of the Bank and resisted the writ petition. The Standing Counsel submitted that the petitioners have availed three loans and two Chitties. The petitioners consistently defaulted in repaying the amount taken as advance from the Bank. The repeated reminders of the Bank to maintain the loan account and Chitty transactions did not yield any result. It is in such circumstances that the respondents had to invoke the provisions of the Kerala Co-operative Societies Act, 1969 to initiate coercive proceedings. The total outstanding amount payable by the petitioners as on 08.07.2024 would come to ₹25,50,437/-. The petitioners can be granted a short breathing time to repay the amount in monthly instalments, submitted the Standing Counsel.

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Taking into consideration entire facts of the case, I am of the view that the petitioners can be granted opportunity

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WP(C) No.18207 of 2023

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to repay the outstanding amount in instalments.

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The writ petition is accordingly disposed of with the following directions:

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(i) The petitioners shall remit the outstanding amount of ₹25,50,437/- along with accruing interest and other charges, if any, in 12 consecutive and equal monthly instalments. First of such instalments shall be paid on or before 01.08.2024.

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(ii) If the petitioners remit the amount as directed above, coercive proceedings against the petitioners shall stand deferred.

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(iii) If the petitioners commit any default, the respondents will be at liberty to proceed against the petitioners in accordance with law.

Sd/-

N.NAGARESH JUDGE

spk

WP(C) No.18207 of 2023

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APPENDIX OF WP(C) 18207/2023

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PETITIONER EXHIBITS

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`Exhibit P1`	`A TRUE` `BY THE` `IN E.P.`	`COPY OF THE` `2ND RESPONDE` `NO.924/2016`	`SALE NOTICE` `NT DATED 04.` `IN ARC NO.856`	`ISSUED` `05.2023` `/2015`
`Exhibit P2`	`A TRUE` `BY THE` `IN E.P.`	`COPY OF THE` `2ND RESPONDE` `NO.925/2016`	`SALE NOTICE` `NT DATED 04.` `IN ARC NO.857`	`ISSUED` `05.2023` `/2015`
`Exhibit P3`	`A TRUE` `BY THE` `IN E.P.`	`COPY OF THE` `2ND RESPONDE` `NO.926/2016`	`SALE NOTICE` `NT DATED 04.` `IN ARC NO.858`	`ISSUED` `05.2023` `/2015`
`Exhibit P4`	`A TRUE`	`COPY OF THE`	`SALE NOTICE`	`ISSUED`
	`BY THE`	`2ND RESPONDE`	`NT DATED 04.`	`05.2023`
	`IN` `NO.1208`	`E.P.NO.1207/` `9/2015`	`2017` `IN`	`ARC`
`Exhibit P5`	`A TRUE`	`COPY OF THE`	`SALE NOTICE`	`ISSUED`
	`BY THE`	`2ND RESPONDE`	`NT DATED 04.`	`05.2023`
	`IN` `NO.1209`	`E.P.NO.1206/` `0/2015`	`2016` `IN`	`ARC`
`Exhibit P6`	`A TRUE`	`COPY OF`	`THE REPRESE`	`NTATION`
	`PREFERR` `3RD RES`	`ED BY THE` `PONDENT DATE`	`PETITIONERS` `D 30.05.2023`	`TO THE`

Parameswaran v. the Assistant Registrar of Co. Operative Society( General)

Case brief

What is this about?

What did the court decide?

Parameswaran v. the Assistant Registrar of Co. Operative Society( General)

Case brief

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What did the court decide?

What the court decided

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