Sarojini.E.V vs The Joint Registrar on 3 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34880 of 2009(D)


1. SAROJINI.E.V, AGED 51 YEARS,
                      ...  Petitioner

                        Vs



1. THE JOINT REGISTRAR, (GENERAL),
                       ...       Respondent

2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE

3. THE MANAGER,

                For Petitioner  :SRI.A.X.VARGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :03/12/2009

 O R D E R
                               S.SIRI JAGAN, J.

                        ==================

                         W.P.(C).No. 34880 of 2009

                        ==================

               Dated this the 3rd day of December, 2009

                               J U D G M E N T

The petitioner availed of a loan from the Thrissur District

Co-operative Bank, repayment of which was defaulted by her. The

bank initiated coercive recovery proceedings. Challenging the coercive

recovery proceedings the petitioner has filed this writ petition seeking

the following reliefs:

“i) Issue a Writ of Mandamus or appropriate writ, order or direction,
directing the respondents to provide an opportunity of instalment
facility at the tune of Rs.10000/- per month to the petitioner.

ii) Such other reliefs that this Hon’ble Court deems fit and proper.”

2. The learned counsel appearing for the bank stoutly

opposes the prayers of the petitioner. According to him, after availing

of the loan, the petitioner has not paid any amount whatsoever and

therefore, the petitioner is not entitled to any indulgence from this

Court.

3. After hearing both sides, I am of opinion that in view of

the facts and circumstances of the case, the 3rd respondent can show

some more leniency to the petitioner in the matter of repayment of the

amounts due to the bank in instalments. Accordingly, this writ petition

is disposed of with the following directions:

The 3rd respondent shall permit the petitioner to pay off the

2

amounts due in five equal monthly instalments starting from 1.1.2010.

Every subsequent instalment shall be paid on the first working day of

every succeeding month. If the petitioner pays the instalments in

time, further coercive proceedings for recovery of the amount shall be

kept in abeyance. However, if the petitioner commits default in paying

any of the instalments, it would be open to the respondents to

continue proceedings as now initiated without having to issue any

fresh notice or proceedings in that regard.

Sd/-

sdk+                                            S.SIRI JAGAN, JUDGE

         ///True copy///




                             P.A. to Judge