C.R. Abraham vs The Joint Registrar Of … on 19 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32503 of 2006(T)


1. C.R. ABRAHAM, CHOOREPARAMBIL HOUSE,
                      ...  Petitioner

                        Vs



1. THE JOINT REGISTRAR OF CO-OPERATIVE
                       ...       Respondent

2. THE SPECIAL SALE OFFICER,

3. THE PEOPLES URBAN CO-OPERATIVE

4. THE BRANCH MANAGER,

                For Petitioner  :SRI.P.J.MATHEW

                For Respondent  :SRI.T.A.RAJAN

The Hon'ble MR. Justice J.M.JAMES

 Dated :19/01/2007

 O R D E R
                             J.M.JAMES, J.

                              -------------------

                         W.P.(C). 32503/2006

                              --------------------

             Dated this  the 19thday of January, 2007


                              JUDGMENT

The writ petitioner, having defaulted to pay the

amount due to the third respondent, the Urban Co-

operative bank, was proceeded against for realisation of

the amount due to the bank. The writ petitioner is before

this Court praying that the direction of the bank, to remit

the entire amount in lump, may be interfered with and

also prayed to allow an One Time Settlement scheme.

2. I heard the arguments advanced by the learned

counsel for the petitioner as well as the counsel for the

third and fourth respondents. It is brought out by the

counsel for the respondents 3 and 4 that One Time

Settlement facilities are not available for the Urban Co-

operative Banks. However, the counsel submitted that

the instalment facilities could be extended. The counsel

further submitted that the simple interest, at the rate of

19% as had been fixed by the Co-operative Tribunal,

together with an exemption to the legal charges and penal

W.P.(C).32503/2006

2

interest would be given reduction to, at the time of

calculation of the total amount, due to the third

respondent.

3. Considering the submissions made by either

side, I direct the writ petitioner to approach the third

respondent with a representation praying for instalment

facilities of the amount. The third respondent shall hear

the petitioner, fix the actual amount due from the

petitioner to the third respondent, in accordance with

the directions issued by the Co-operative Tribunal and

also the submissions made before this Court, as above,

within three weeks from the date of filing of the

representation by the writ petitioner. The third

respondent is directed to grant twelve instalments to the

petitioner for remitting the entire amount, that would be

fixed on the representation which would be filed by

the writ petitioner.

4. The writ petitioner shall remit the instalments

without any default, and the first instalment shall be

within one month from today. The successive

W.P.(C).32503/2006

3

instalments shall continue to be remitted as per the

direction of the third respondent.

The writ petition is disposed of as above.

J.M.JAMES

JUDGE

mrcs