IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 359 of 2010(T)
1. SHAIJA NAZAR, AGED 42,
... Petitioner
Vs
1. THE THRISSUR DISTRICT CO-OP. BANK LTD.,
... Respondent
2. THE THRISSUR DISTRICT CO-OP. BANK LTD.,
3. THE SALE OFFICER,
4. THE ASSISTANT REGISTRAR OF CO-OP.
5. THE STATE OF KERALA,
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :12/01/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 359 OF 2010
.........................................................................
Dated this the 12th January, 2010
J U D G M E N T
The petitioner is challenging the recovery proceedings
pursued by the Bank invoking the machinery under the relevant
provisions of the Kerala Co-operative Societies Act and Rules .
The case projected in the Writ Petition is that the entire property
of the petitioner need not be sold and the petitioner is planning
to wipe out the whole liability, if some breathing time is given.
2. The learned Counsel for the Bank submits, on
instruction, that the loan was extended to the petitioner in the
year 2005 and because of the chronic default, necessary
proceedings were filed before the Assistant Registrar, leading
to the ‘Award’ passed on 20.06.2006. Since the notice issued for
realization of the amount did not evoke any positive response,
Execution Petition was filed in the year 2008 and further
proceedings are going on, which in turn are sought to be
challenged by filing the Writ Petition. The learned Counsel for
the respondents also submits that the liability will cross more
than Rs. Six lakhs as on date and that the request of the
W.P.(C) No. 359 OF 2010
2
petitioner to grant some more time to clear the liability might
not be considered, unless and until the petitioner effects
substantial payment towards the existing liability.
3. After hearing both the sides, the petitioner is directed
to deposit a sum of Rs.2.5 lakhs on or before the 31st of this
month and the balance amount with interest and cost shall be
cleared by way of ‘4’ equal monthly installments, the first of
which shall be effected on or before 25.02.2010, to be followed
by similar installments to be effected on or before the 25th of the
succeeding months. Subject to the above, all further coercive
proceedings shall be kept in abeyance. If any default is
committed by the petitioner in satisfying the amounts as above,
the Bank will be at liberty to proceed with further steps for
realization of the entire amount in a lump sum.
The Writ Petition is disposed of.
P.R. RAMACHANDRA MENON,
JUDGE.
lk