Bichamina vs Parappanangadi Co-Operative … on 3 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16418 of 2007(D)


1. BICHAMINA, W/O.PANDICHERIYA AHAMMED,
                      ...  Petitioner

                        Vs



1. PARAPPANANGADI CO-OPERATIVE SERVICE
                       ...       Respondent

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

                For Petitioner  :SRI.K.K.MOHAMED RAVUF

                For Respondent  :SRI.K.P.SUDHEER

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :03/07/2007

 O R D E R
                            K.M.JOSEPH, J.

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              W.P.(C).No. 16418 OF 2007

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                    Dated this the 3rd day of July, 2007


                                JUDGMENT

Petitioner claims to be a fisher woman. She is the wife

of one Ahammed who died in 2001. They belong to fishermen

community. Petitioner’s husband availed a loan and now there is

an award at the instance of the Bank.

2. I heard learned counsel for the petitioner and the

learned counsel for the Bank also.

3. Learned counsel for the Bank submits that even

though there is an interim order to pay Rs.20,000/-, petitioner

has not paid the amount. Learned counsel for the petitioner

does not dispute the fact that petitioner has not paid the amount.

He submits that a committee is formed to raise money to help

the petitioner. Learned counsel for the petitioner prays that

Bank may be directed to consider the question of remission of

interest and giving her time/permitting her to pay the amount in

instalments. Learned counsel for the Bank submits that if the

WPC No.16418/07 2

petitioner files an application and remits the amount as directed

by this court, the Bank will take a decision in the matter.

Having regard to all facts, the writ petition is disposed of as

follows:

If the petitioner files an application seeking relief before the

first respondent within three weeks from today and also remits

the amount of Rs. 20,000/- on or before the filing of the

application, the first respondent will consider and take a decision

in the matter and communicate the decision to the petitioner. Till

such time as a decision is taken and communicated to the

petitioner, proceedings shall be kept in abeyance. Of course, this

is subject to the condition that petitioner remits the amount of

Rs.20,000/- and files an application as aforesaid.

(K.M.JOSEPH, JUDGE)

sv.

WPC No.16418/07 3