Lalitha vs State of Kerala Represented by the Principal Secretary

Type Court Judgment Court Kerala Decided May 31, 2023

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Citation: sooperkanoon.com/1373194
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: May 31, 2023
Case Number: WP(C)/23508/2022

Parties & Advocates

Appellant / Petitioner

Lalitha

Respondent

State of Kerala Represented by the Principal Secretary

Excerpt

.....petition (civil) having come up for admission on 31.05.2023, the court on the same day delivered the following: -2-judgmentthe 1st petitioner had availed a loan from the 3rd respondent bank. the 2nd petitioner is a surety in respect of that transaction. on default being committed, proceedings were initiated under the kerala co-operative societies act, 1969, and an award was obtained determining the amounts payable by the petitioner. when the award was put into execution, the petitioners have approached this court by filing the above writ petition. learned counsel for the petitioners submitted that the petitioners may be permitted to pay the amount in some reasonable installments to clear the liability.2. learned counsel for the respondent bank submitted that ason 31.05.2023, the amount due from the petitioners is rs.21,65,515/- (rupees twenty one lakhs sixty five thousand five hundred and fifteen only). it is submitted that the petitioners are recalcitrant defaulters and they cannot be given any further indulgence. however, it is submitted that if some limited installments are being granted, the bank has no objection. -3-3. having regard to the circumstances of the case and thesituation now prevailing, apart from the submissions made as recorded above, i am of the view that the petitioners can be granted an opportunity to repay the outstanding amount in eighteen instalments.4. accordingly, there will be a direction to the respondent bankto accept repayment of the entire outstanding amount of rs.21,65,515/- along with any accrued interest, costs and charges from the petitioners on the following conditions:(i) the outstanding amount of rs.21,65,515 /- (rupeestwenty one lakhs sixty five thousand five hundred and fifteen only) together with any accrued interest, costs and charges shall be repaid in eighteen equated monthly instalments.(ii) the first instalment shall be paid on or before 12.06.2023 and subsequent instalments shall be paid on or before the 12th day.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 PETITIONER/S: 1 LALITHA AGED 58 YEARS W/O.SHIVADHASAN, RESIDING AT S.R.BHAVANAM, MULAVANA, MULAVANA P.O., KUNDARA, KOLLAM, PINCODE - 691 503. 2 SHIVADHASAN AGED 65 YEARS S/O.THANKAPPAN ACHARI, RESIDING AT S.R.BHAVANAM, MULAVANA, MULAVANA P.O., KUNDARA, KOLLAM, PINCODE - 691 503. BY ADVS. B.DIPU SACH DEEV ARUN BABU ARUN K.J. RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY CO-OPERATIVE OF DEPARTMENT, GOVERNMENT SECRETARIATE OF KERALA, SECRETARIATE P.O., THIRUVANANTHAPURAM, PINCODE - 695 001. 2 SPECIAL SALE OFFICER POOTHAKULAM SCB LTD.NO.2944, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) HEAD POST OFFICE P.O. KOLLAM, PIN CODE - 691 001. 3 BRANCH MANAGER POOTHAKULAM SERVICE CO-OPERATIVE BANK LTD.NO.2944, POOTHAKULAM P.O., POOTHAKULAM, KOLLAM, PINCODE - 691 302. BY ADVS. T.R.HARIKUMAR ARJUN RAGHAVAN SMT. DEEPA V., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

The 1st petitioner had availed a loan from the 3rd respondent bank. The 2nd petitioner is a surety in respect of that transaction. On default being committed, proceedings were initiated under the Kerala Co-operative Societies Act, 1969, and an award was obtained determining the amounts payable by the petitioner. When the award was put into execution, the petitioners have approached this Court by filing the above writ petition. Learned Counsel for the petitioners submitted that the petitioners may be permitted to pay the amount in some reasonable installments to clear the liability.

2. Learned Counsel for the respondent bank submitted that as

on 31.05.2023, the amount due from the petitioners is Rs.21,65,515/- (Rupees Twenty One Lakhs Sixty Five Thousand Five Hundred and Fifteen only). It is submitted that the petitioners are recalcitrant defaulters and they cannot be given any further indulgence. However, it is submitted that if some limited installments are being granted, the bank has no objection. -3-

3. Having regard to the circumstances of the case and the

situation now prevailing, apart from the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the outstanding amount in eighteen instalments.

4. Accordingly, there will be a direction to the respondent bank

to accept repayment of the entire outstanding amount of Rs.21,65,515/- along with any accrued interest, costs and charges from the petitioners on the following conditions:

(i) The outstanding amount of Rs.21,65,515 /- (Rupees

Twenty One Lakhs Sixty Five Thousand Five Hundred and Fifteen only) together with any accrued interest, costs and charges shall be repaid in eighteen equated monthly instalments.

(ii) The first instalment shall be paid on or before 12.06.2023 and subsequent instalments shall be paid on or before the 12th day of every succeeding months.

(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in -4- accordance with law.

(iv) In order to enable the petitioners to repay the entire

amounts, all coercive proceedings shall be kept in abeyance. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE uu 01.06.2023 -5- APPENDIX OF WP(C) 23508/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SUMMONS DATED 23/11/2020 ISSUED FROM THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE PLAINT IN A.R.C.NO.2833 OF 2020 DATED 23/11/2020. Exhibit P3 TRUE COPY OF THE AWARD IN A.R.C.NO.2833 OF 2020 DATED 23/11/2020. Exhibit P4 TRUE COPY OF THE E.A.DEMAND NOTICE DATED

Same Court & Year Kerala · 2023 Same Parties Lalitha vs State of Kerala Represented by the Principal Secre... Same Judge Honourable Mr. Justice Gopinath P.