Allowed

Ammini v. the Registrar of Co-Operative Societies

Kerala HC14 Feb 2024WP(C)/19207/2023

Case brief

AI extract

What is this about?

This writ petition sought directions to regularise a defaulted agricultural loan and permit installment payments. The High Court directed the banks to provide a dues statement and ordered the petitioners to clear arrears in 15 installments while continuing regular payments, keeping recovery proceedings in abeyance subject to strict compliance.

What did the court decide?

Directions to regularise loan, provide dues statement, allow payment in 15 installments, and keep coercive proceedings in abeyance upon compliance.

Ammini Vs the Registrar of Co-Operative… — Contract and Commercial Disputes | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV

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WEDNESDAY,THE14THDAYOFFEBRUARY2024/25THMAGHA,1945

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WP(C) NO. 19207 OF 2023

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PETITIONERS:

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1 AMMINI, AGED 61 YEARS, W/O PAPPU, RAMANCHIRANGARA, VALAYANCHIRANGARA P.O., AIRAPURAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM, PIN - 682310

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2 MANJU, AGED 30 YEARS, D/O PAPPU, RAMANCHIRANGARA, VALAYANCHIRANGARA P.O., AIRAPURAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM, PIN - 682310

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BYADVR.DIVAKARAN

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RESPONDENTS:

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1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN - 695001

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2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KAKKANADU, ERNAKULAM, PIN - 682030

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3 SALE OFFICER, KUNNATHUNADU TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, LIMITED NO. 982, PERUMBAVOOR PCRD BANK GROUP, PERUMBAVOOR, PIN - 683542

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4 KUNNATHUNADU TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. E. 982, PERUMBAVOOR - PIN - 683542, REPRESENTED BY ITS SECRETARY.

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BYADVS.
GOVERNMENTPLEADER
SirajKH
MOHAMMEDSHADK.A.(K/001636/2023)

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SRISIRAJKAROLY,SCFORKUNNATHUNADUTALUKPRIMARY
CO-OPERATIVEAGRICULTURAL&RURALDEVELOPMENTBANK

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
14.02.2024,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

JUDGMENT

The petitioners state that they had availed a loan for a sum of Rs.3,75,000/from the fourth respondent Bank and towards security, immovable property owned by them was mortgaged. The petitioners state that they suffered serious financial setbacks due to the loss of jobs and were not able to make remittances on time. They have now been served with Ext.P1 notice threatening the sale of the mortgaged property. It is in the afore circumstances that this writ petition is filed seeking issuance of directions to the respondents to regularise the loan account by paying the outstanding liabilities and also to permit them to remit the regular installments.

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Sri. Siraj, the learned standing counsel appearing for the respondent Bank, submitted that the overdue amount as of date is Rs.8,45,946/- and the total outstanding amount is Rs.8,82,201/-. 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 the option to pay in installments should be strictly limited to no more than six installments with a rider and that the petitioners shall continue to pay the regular installments.

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I have considered the submissions and have carefully gone

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through the records.

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From the submissions made by both sides, it appears that the total overdue amount from the petitioners is Rs.8,45,946/-. As the respondents have not objected to granting an installment facility to the petitioners to clear off the dues, I am of the view that necessary directions can be issued to enable the petitioners to clear the amounts due to the respondents.

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

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(i) The petitioners 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 them 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.

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(ii) On receipt of such a statement, the petitioners shall pay the amount shown therein in fifteen (15) equal monthly installments commencing from 15.3.2024 and continue to pay the same on every successive month thereafter until the entire loan is

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wiped off. In addition, the petitioners shall continue to pay the regular installments as and when the amounts become due.

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

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

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(v) 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

IAP

PETITIONERS’EXHIBITS:

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ExhibitP1THETRUECOPYOFTHEDEMANDNOTICEISSUEDBYTHE
3RDRESPONDENTTOTHEPETITIONERSDATED25.05.2023

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ExhibitP2THETRUECOPYOFTHEREPRESENTATIONSUBMITTEDBY
THEPETITIONERSBEFORETHE2NDRESPONDENTDATED
03.06.2023

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ExhibitP3THETRUECOPYOFTHECOMPLAINTSUBMITTEDBEFORETHE
SUPERINTENDENTOFPOLICE,ALUVADATED01.02.2023

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ExhibitP4THETRUECOPYOFTHEREPRESENTATIONSUBMITTEDBY
THEPETITIONERSBEFORETHE1STRESPONDENTDATED
05.06.2023

Ammini v. the Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

Ammini v. the Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

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