Petitioner sought directions to regularize loans. Court reserved liberty to approach Society for settlement within one week while recovery is deferred.
Liberty to approach Society within one week for settlement; recovery deferred pending Society's decision.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 512 OF 2024
PETITIONER:
GOPINATHAN AGED 66 YEARS, S/O.SUBRAMANYAN, KOUNGANPULLY HOUSE, THUMBOOR DESOM, KOTTANALLORE VILLAGE, MUKUNDA PURAM TALUK, THRISSUR DISTRICT, PIN - 680662 BY ADVS. N.L.BITTO K.SADANANDAN (KUNHUPIDUKKAL) MITHUL T ANTO
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 512 of 2024
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JUDGMENT
Even though the petitioner has approached this Court seeking a direction to respondents 1 to 3 to allow him “opportunities” to regularise certain loan accounts he has availed of from them, or to permit him to liquidate the liability thereunder, in installments, when this matter was called today, his learned counsel – Sri.N.L.Bitto, requested that his client be allowed to approach the respondent Society itself for a proper settlement because, according to him, certain amounts remitted by him have not been given credit to fully.
W.P.(C).No. 512 of 2024
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issued; however, praying that, this Court may not make any affirmative declarations with respect to any of his entitlements and leave it to be decided by the Society appropriately. He added that, however, this concession is being made only if the petitioner approaches the Society with an apposite request, not later than a period of one week from today.
In the afore circumstances, I dispose of this writ petition, leaving liberty to the petitioner to approach the Society with an appropriate representation for settlement; and if this is done within a period of one week from the date of receipt of a copy of this judgment, the same shall be considered by its competent Authority, after affording him an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two weeks thereafter.
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Needless to say, until such time as the afore is done and the resultant order communicated to the petitioner – provided the petitioner invokes the liberty that has been reserved to him as afore – all action for recovery shall stand deferred and will be taken forward only depending upon the decision to be so arrived at.
Sd/DEVAN RAMACHANDRAN JUDGE
anm
W.P.(C).No. 512 of 2024
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APPENDIX OF WP(C) 512/2024
| PETITIONER EXHIB Exhibit-P1 |
ITS A TRUE COPY OF THE AWARD PASSED IN ARC.2601 OF 2018 OF THE ARC MUKUNDAPURAM DATED 27/7/2018 (INCOMPLETE COPY) |
|---|---|
| Exhibit-P2 | A TRUE COPY OF THE DEMAND NOTICE IN EXECUTION PROCEEDINGS IN EP.50 OF 2020 IN |
| ARCM 2602 OF 2018 BEFORE THE 3RD RESPONDENT DATED 26/4/2022 |
|
| Exhibit-P3 | A TRUE COPY OF THE DEMAND NOTICE IN EXECUTION PROCEEDINGS IN EP.52 OF 2020 IN ARCM 2604 OF 2018 PENDING BEFORE THE 3RD RESPONDENT DATED 26/4/2022 |
| Exhibit-P4 | A TRUE COPY OF THE LETTER ISSUED BY THE AUDITOR TEAM DATED 13/11/2023 |
| Exhibit-P5 | A TRUE COPY OF REQUEST FILED BY THE PETITIONER BEFORE THE AUDITOR TEAM AND |
| ALSO BEFORE THE 1ST RESPONDENT DATED 29/11/2023 |
|
| Exhibit-P6 | A TRUE COPY OF TREATMENT RECORDS OF THE PETITIONER DATED 27/10/2023 |
| RESPONDENTS' EXH | IBITS |
| Exhibit-R1(a) | A TRUE COPY OF THE STATEMENT OF LOAN LEDGER WITH RESPECT TO THE PETITIONER |
| Exhibit-R1(b) | A TRUE COPY OF THE STATEMENT OF LOAN LEDGER WITH RESPECT OF AJITHA GOPINATHAN |
| Exhibit-R1(c) | A TRUE COPY OF THE STATEMENT OF LOAN LEDGER WITH RESPECT OF ASWATHI |
| Exhibit-R1(d) | A TRUE COPY OF THE STATEMENT OF LOAN LEDGER WITH RESPECT OF NEETHI GOSH |
| Exhibit-R1(e) | A TRUE COPY OF THE STATEMENT OF LOAN LEDGER WITH RESPECT OF SATHISH K.S |
| Exhibit-R1(f) | A TRUE COPY OF THE STATEMENT OF LOAN LEDGER WITH RESPECT OF NIMISHA SATHEESH |
1 issue framed by the court
Whether the Court can intervene in facts relating to the quantum of loan and settlement opportunities.
Gopinathan
The Thumboor Multi Purpose Co-Operative Society Ltd.
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
