IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2061 of 2009()
1. T.J.JOSE, THERMADAN HOUSE,
... Petitioner
2. JOSEPH J.THERMADAN,
Vs
1. ASSISTANT REGISTRAR OF CO-OPERATIVE
... Respondent
2. THE BRANCH MANAGER,
3. DISTRICT COLLECTOR,
4. THE PROJECT DIRECTOR & GENERAL MANAGER
For Petitioner :SRI.M.P.ASHOK KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :09/10/2009
O R D E R
KURIAN JOSEPH & C.T. RAVIKUMAR, JJ.
---------------------------------------------
W.A. NO. 2061 OF 2009
---------------------------------------------
Dated this the 9th day of October, 2009
JUDGMENT
Kurian Joseph, J.
The appellants are the petitioners in the Writ Petition. They
approached this Court aggrieved by the coercive steps taken by the second
respondent for recovery of the loan amounts advanced to them. The
learned counsel appearing for the bank submits that the
appellants/petitioners have not been honouring the terms of the loan
agreement and that has resulted in the bank initiating proceedings under
Section 69 of the Kerala Co-operative Societies Act.
2. As of now, around Rs.12,00,000/- (Rs. Twelve lakhs only) is due
from the appellants. The appellants submit that they are prepared to pay
the actual amount due to the bank, given some time. The learned Single
Judge had in fact directed the appellants/petitioners to remit an amount of
Rs.4,00,000/- immediately and then approach the bank for regularization
of the loan. The appellants submit that they could not raise the money for
payment, as directed by the learned Single Judge.
W.A. NO. 2061/2009 2
3. Be that as it may, since the appellants are prepared to settle the
dues, it is for them to approach the bank itself. In order to enable the
appellants to work out the relief as above, the coercive steps taken by the
bank will be deferred for a period of three weeks. In the event of any such
request being filed, the second respondent will consider the request within
the said time.
The Writ Appeal is disposed of as above.
(KURIAN JOSEPH)
JUDGE
(C.T. RAVIKUMAR)
JUDGE
sp/
W.A. NO. 2061/2009 3
KURIAN JOSEPH
&
C.T. RAVIKUMAR, JJ.
W.A.NO. 2061/2009
JUDGMENT
9th October, 2009