Disposed

Shahul Hameed P a, v. Vellangallureservice Co-Operative Bank Ltd. NO.768

Kerala HC2 Feb 2024WP(C)/2176/2024

Case brief

AI extract

What is this about?

A writ petition against execution proceedings initiated by a co-operative bank for defaulted loans sought directions for repayment. The court directed payment of Rs.5 lakhs within one month and the balance in twelve equal monthly installments, keeping coercive recovery proceedings in abeyance if paid diligently.

What did the court decide?

Repayment structured: Rs.5 lakhs in one month plus balance in 12 monthly installments; coercive proceedings kept in abeyance subject to compliance.

Shahul Hameed P a, Vs Vellangallureservice Co-Operative… — Cooperative Societies | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
FRIDAY,THE2NDDAYOFFEBRUARY2024/13THMAGHA,1945
WP(C)NO.3950OF2024

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PETITIONER:-

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SHAHULHAMEEDP.A,AGED48YEARS
S/OFATHIMAABDULJABBAR,POOVATHUMKADAVIL(H)
VELLANGALLUR,VADAKKUMKARA,THRISSUR,PIN-680662
BYADVL.RAJESHNARAYAN

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RESPONDENTS:-

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1BRANCHMANAGER
VELLANGALLURSERVICECO-OPERATIVEBANKLTDNO.768,
VELLANGALLURBRANCH,VELLANGALLURP.O
THRISSUR,PIN-680662

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2SPECIALSALEOFFICER
VELLANGALLURSCBGROUPASSISTANTREGISTRAR(GENERAL)
OFFICE,MUKUNDAPURAMIRINJALAKUDA,
THRISSUR,PIN-680121

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BYSRI.P.C.SASIDHARAN,SC

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON02.02.2024,ALONGWITHWP(C).2176/2024,THE
COURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

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WP(C)NOs.3950&2176OF2024
2

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶12

THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
FRIDAY,THE2NDDAYOFFEBRUARY2024/13THMAGHA,1945
WP(C)NO.2176OF2024

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PETITIONER:-

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SHAHULHAMEEDPA,AGED48YEARS
S/OFATHIMAABDULJABBAR,
RESIDINGATPOOVATHUMKADAVILHOUSE,VELLANGALLUR,
VADAKKUMKARA,THRISSURDISTRICT.,PIN-680662

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BYADVP.T.SHEEJISH

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RESPONDENTS:-

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1VELLANGALLURESERVICECO-OPERATIVEBANKLTD.NO.768,
VELLANGALLURBRANCH,REPRESENTEDBYITSBRANCH
MANAGER,VELLANGALLURP.O,
THRISSURDISTRICT.,PIN-680662

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2SPECIALSALEOFFICER
VELLANGALLURESCBGROUP,ASSISTANTREGISTRAR(GENERAL)
OFFICE,MUKUNDAPURAM,IRINJALAKKUDA,
THRISSURDISTRICT.,PIN-680121

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BYADVP.CSASIDHARAN

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON02.02.2024,ALONGWITHWP(C).3950/2024,THE
COURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

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WP(C)NOs.3950&2176OF2024
3

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JUDGMENT

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The petitioner had availed two loans, one in his name and the other in the name of his mother. When default was committed, ARC No.2196 of 2013 and ARC No.2195 of 2013 were instituted, and separate awards have been passed. Execution proceedings have now been initiated against the immovable property that was furnished as security. It is in the aforesaid circumstances that this writ petition is filed seeking directions.

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The learned standing counsel appearing for the respondents submits that the loans were availed in the year 2010 and the total outstanding as of 01.02.2024 is Rs.24,84,767/-. He submits that the respondents are agreeable in granting the petitioner a breathing time if a sum of not less than Rs.10 lakhs is remitted forthwith and the balance amount should be remitted within a short period thereafter.

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The learned counsel appearing for the respondents submits the petitioner is in an impecunious condition, and he may not be able to make remittances as demanded by the Bank.

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Upon careful consideration of the submissions made by both parties, it is evident that the petitioner owes in excess of Rs. 25.05 lakhs to the respondent Bank. As a measure of last resort, I am inclined to issue directions to facilitate the petitioner in discharging his financial obligations to the respondent. This approach is deemed necessary to provide a

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WP(C)NOs.3950&2176OF2024
4

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structured pathway for the petitioner to clear off his monetary liabilities in a manageable manner.

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

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i) In order to prove the bonafide of the petitioner, he shall pay a sum of Rs. 5 lakhs within a period of one month from today. (ii) Simultaneously the petitioner shall approach the respondent Bank with a request to inform him of the details of the outstanding 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 respondent Bank shall forthwith issue a statement in writing detailing the amounts

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(iii) On receipt of such a statement, the petitioner shall pay the amounts shown therein in twelve (12) equal monthly installments commencing from 1.4.2024 and continue to pay the same on every successive month thereafter until the entire loan is wiped off.

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(iv) If the amounts are diligently paid in terms of the directions above, coercive proceedings initiated against him by the respondent for the realization of the amount

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WP(C)NOs.3950&2176OF2024
5

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shall be kept in abeyance.

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(v) 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.

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(vi) 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,

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JUDGE

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SMA

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WP(C)NOs.3950&2176OF2024
6

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APPENDIX OF WP(C) 2176/2024

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PETITIONEREXHIBITS:-

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ExhibitP1TRUECOPYOFTHEDEMANDNOTICEDATED
27.07.2023ISSUEDBYTHE2NDRESPONDENT

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WP(C)NOs.3950&2176OF2024

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APPENDIX OF WP(C) 3950/2024

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PETITIONEREXHIBITS:-

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ExhibitP1TRUECOPYOFTHEDEMANDNOTICEDATED
27.7.2023INEPNO.1953/13INARCNO.2195/13
ISSUEDBYTHE2NDRESPONDENT
ExhibitP2TRUECOPYOFTHENOTICEDATED8.11.2023
ISSUEDBYTHE2NDRESPONDENT

Shahul Hameed P a, v. Vellangallureservice Co-Operative Bank Ltd. NO.768

Case brief

What is this about?

What did the court decide?

Shahul Hameed P a, v. Vellangallureservice Co-Operative Bank Ltd. NO.768

Case brief

What is this about?

What did the court decide?

What the court decided

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