Petitioner sought to pay a co-operative bank arbitration award in 18 monthly installments and deferral of demand notices, citing illness. Respondents did not appear. Court allowed her to make a representation to the Bank for consideration, deferring further action on the notices meanwhile.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 4114 OF 2021
PETITIONER:
RADHIKA N, AGED 60 YEARS,
D/O. KESAVAN, S. VILLA,
OLAKETTIYAMBALAM P.O.,
MAVELIKKARA-690107.
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SRINATH
SRI.RAJAN G. GEORGE
RESPONDENTS:
1 SPECIAL SALE OFFICER, OFFICE OF ASSISTANT REGISTRAR GENERAL OFFICE, THEKKEKKARA SCB GROUP FOR ARBITRATION AND EXECUTION, MAVELIKKARA-690101.2 PONNEZHA SERVICE CO-OPERATIVE BANK LTD. NO.3522, PONNEZHA THEKKEKKARA POST, MAVELIKKARA, ALAPPUZHA-690526, REPRESENTED BY ITS SECRETARY.SMT.C.S.SHEEJA, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4114 OF 2021
-2-
JUDGMENT
The petitioner concedes that she has
suffered Ext.P2 Award; and that, consequent to
which, Exts.P3 and P4 notices have been issued
to her by the respondent – Bank, for recovery of
the amounts due from her. She says that she is
suffering from cancer and is a single mother, in
charge of two children; thus constraining her
from making payments as per the loan sanction.
2.The petitioner, therefore, prays that
the respondent – Bank, be directed to allow her
to pay off the entire liability as per Ext.P2
Award in 18 equal monthly installments; and
resultantly, that all further coercive actions
based on Exts.P3 and P4 be ordered to be
deferred.
3.It is distressing that, in spite of
valid service of summons from this Court, the
respondents have chosen not to present in person
WP(C) NO. 4114 OF 2021
-3-
or to be represented through counsel. This
certainly inhibits this Court from issuing
effective orders; but when parties refuse to
appear, I have no other option, but to issue
orders.
Resultantly, I allow this Writ Petition,
leaving liberty to the petitioner to move the 2nd
respondent with an appropriate representation,
detailing all her claims and requests; and if
this is done within a period of three weeks from
the date of receipt of a copy of this judgment,
the same shall be considered by its competent
Authority, after hearing the petitioner; thus
culminating in an appropriate order and
necessary action thereon, without any avoidable
delay thereafter.
Needless to say, on the receipt of the
aforesaidrepresentation,itshallbe
specifically considered; and the opinion of the
WP(C) NO. 4114 OF 2021
respondent – Bank, shall be reflected in the
resultant order.
It goes without saying, until such time as
the afore is done and the resultant order
communicated to the petitioner, all further
action pursuant to Exts.P3 and P4 notices will
stand deferred.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 4114 OF 2021
-5-
APPENDIX OF WP(C) 4114/2021
PETITIONER EXHIBITS
EXHIBIT P1A TRUE COPY OF THE PETITION NO.
479/2018 DATED 31.8.2018 FILED BY 2ND
RESPONDENT BEFORE THE 1ST RESPONDENT
UNDER SECTION 69 OF THE KERALA CO-
OPERATIVE SOCIETIES ACT, 1969.
EXHIBIT P2A TRUE COPY OF THE AWARD DATED
23.7.2019 PASSED BY THE 1ST RESPONDENT
IN PETITION NO.479/2018.
EXHIBIT P3A TRUE COPY OF THE DEMAND NOTICE DATED
6.1.2021 ISSUED BY THE 1ST RESPONDENT
TO THE PETITIONER.
EXHIBIT P4A TRUE COPY OF THE DEMAND NOTICE DATED
6.1.2021 ISSUED BY THE 1ST RESPONDENT
TO THE SON OF THE PETITIONER.
EXHIBIT P5A TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 15.1.2021 ISSUED BY THE
CONCERNEDREGISTEREDMEDICAL
PRACTITIONER, DISTRICT PUBLIC HEALTH
LABORATORY, ALAPPUZHA.
EXHIBIT P6A TRUE COPY OF RECEIPT ISSUED BY THE
2ND RESPONDENT BANK ACKNOWLEDGING
RECEIPT OF RS.55,000/-
EXHIBIT P7A TRUE COPY OF NOTICE DATED 30.10.2023
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
1 issue framed by the court
Whether the petitioner should be permitted to pay the Ext.P2 Award liability in installments with coercive recovery deferred.
1 provisions across 1 enactments
RADHIKA N
SPECIAL SALE OFFICER, OFFICE OF ASSISTANT REGISTRAR GENERAL OFFICE, THEKKEKKARA SCB GROUP
PONNEZHA SERVICE CO-OPERATIVE BANK LTD. NO.3522
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court