High Court Kerala High Court

N.Abdul Razack vs Registrar Of Co-Op. Societies on 3 August, 2006

Kerala High Court
N.Abdul Razack vs Registrar Of Co-Op. Societies on 3 August, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16105 of 2006(P)


1. N.ABDUL RAZACK, S/O. KUNJIMUHAMMED,
                      ...  Petitioner

                        Vs



1. REGISTRAR OF CO-OP. SOCIETIES,
                       ...       Respondent

2. KONDOTTY RURAL CO-OP. HOUSING SOCIETY

3. SPECIAL ARBITRATOR/SALE OFFICER,

                For Petitioner  :SRI.K.P.MUJEEB

                For Respondent  :SRI.T.K.AJITH KUMAR

The Hon'ble MR. Justice K.THANKAPPAN

 Dated :03/08/2006

 O R D E R
                                   K.THANKAPPAN, J.
                                ------------------------------------
                                W.P.(C)NO. 16105 OF 2006
                                ------------------------------------


                           Dated this the 3rd day of August, 2006


                                         JUDGMENT

The petitioner availed of a loan of Rs.1,25,000/- from the second

respondent – Society. Since the petitioner did not repay the loan amount as

agreed, the Bank proceeded against the petitioner for recovery of the amount and

issued Ext.P1 notice demanding to remit a sum of Rs.2,52,610/-. Aggrieved by

the above, the petitioner has approached this Court.

2. When this Writ Petition came up for admission on 21.6.2006, this

Court granted interim stay of the entire proceedings pursuant to Ext.P1 for six

weeks on condition that the petitioner remits a sum of Rs.25,000/- within one

month from the date of the order. The petitioner also filed Ext.P3 representation

before the second respondent seeking the benefit of Ext.P2 Circular.

3. Learned counsel for the second respondent submits that Ext.P2 Circular

is not applicable to the loan availed of by the petitioner and that the Bank is

willing to give sometime to the petitioner to repay the loan amount. In the above

W.P.(C)NO.16105/2006 2

circumstances, the petitioner is permitted to remit the loan amount with interest

in ten equal monthly instalments commencing from 1.9.2006 provided that the

petitioner remits an amount of Rs.15,000/- within 15 days from today. It is made

clear that if the petitioner commits default in payment of two consecutive

instalments, the bank can proceed against the petitioner.

The Writ Petition is disposed of as above.

(K.THANKAPPAN, JUDGE)

sp/