Sumesh Kumar vs Karannur Service Co-Operative Bank Ltd

Type Court Judgment Court Kerala Decided Mar 28, 2025

~3 min read

https://sooperkanoon.com/case/1278106

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1278106
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Mar 28, 2025
Case Number: WP(C)/8139/2025
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Sumesh Kumar

Respondent

Karannur Service Co-Operative Bank Ltd

Excerpt

.....for the purpose of auction. the petitioner has filed this writ petition for a direction to the 1st respondent to grant him twenty four months time to repay the entire loan amount.2. sri.k.v.sanil chandran, the learnedstanding counsel for the society, on instructions, submits that, as on today (28.03.2025), an amount of rs.52,90,110/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments.3. the learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in twenty equal monthly installments.4. in the facts and circumstances of thecase, there will be a direction to the petitioner to pay the outstanding amount of rs.52,90,110/- in twenty equal monthly installments commencing from 02.05.2025 along with accrued interest andapplicable charges. if the petitioner defaults payment of any of the installments, it will be open to the society to proceed against him for recovery of the amount, in accordance with law. to enable the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to ext.p2 shall stand deferred. the writ petition is disposed of.sd/- murali purushothaman judge spr appendixpetitioner’s exhibits:- exhibit p1 a true copy of the award dated 24.01.2023 in arc no. 11341/2022. exhibit p2 a true copy of the notice dated 21.08.2024 issued by the 2nd respondent to the petitioner. exhibit p3 a true copy of the notice dated 16.01.2025 issued by the 2nd respondent to the petitioner. respondents exhibits: nil.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 8139 OF 2025 PETITIONER: SUMESH KUMAR AGED 48 YEARS S/O. K CHOYIKKUTTY, KALATHIL SUMESH VIHAR, ERANHIKKAL P. O, ELATHUR, KOZHIKODE, PIN - 673 303. BY ADV S.K.SAJU RESPONDENTS: 1 KARANNUR SERVICE CO-OPERATIVE BANK LTD. ELATHUR P. O, KOZHIKODE, REPRESENTED BY ITS AUTHORISED OFFICER/MANAGER, PIN - 673 303. 2 SPECIAL SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PUTHIYARA P.O, KOZHIKODE, PIN - 673 004. SRI. SANIL CHANDRAN K.V. - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The loan availed by the petitioner from the 1st respondent Society fell in arrears on account of default in payment of installments and the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Ext.P1 is the Award. Pursuant to the Award, Ext.P2 notice prior to the attachment was issued to the petitioner. Pursuant thereto, the petitioner was issued with Ext.P3 notice informing that, if the dues are not cleared, the property would be measured and demarcated for the purpose of auction. The petitioner has filed this writ petition for a direction to the 1st respondent to grant him twenty four months time to repay the entire loan amount.

2. Sri.K.V.Sanil Chandran, the learned

Standing Counsel for the Society, on instructions, submits that, as on today (28.03.2025), an amount of Rs.52,90,110/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments.

3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in twenty equal monthly installments.

4. In the facts and circumstances of the

case, there will be a direction to the petitioner to pay the outstanding amount of Rs.52,90,110/- in twenty equal monthly installments commencing from 02.05.2025 along with accrued interest and

applicable charges. If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to Ext.P2 shall stand deferred. The writ petition is disposed of.

Sd/- MURALI PURUSHOTHAMAN JUDGE SPR APPENDIX

PETITIONER’S EXHIBITS:- EXHIBIT P1 A TRUE COPY OF THE AWARD DATED 24.01.2023 IN ARC NO. 11341/2022. EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 21.08.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 16.01.2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENTS EXHIBITS: NIL.

Same Court & Year Kerala · 2025 Same Parties Sumesh Kumar vs Karannur Service Co-Operative Bank Ltd Same Subject Education Same Judge Honourable Mr.Justice Murali Purushothaman