Kerala High Court
Pavithran M vs Morazha Kalliyasseri Service ... on 4 February, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
2025:KER:8978
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 4TH DAY OF FEBRUARY 2025 / 15TH MAGHA, 1946
WP(C) NO. 45107 OF 2024
PETITIONER:
PAVITHRAN M.
AGED 70 YEARS
S/O. KANNAN, RESIDING AT MANIYAMBRA HOUSE,
PUNNAKULANGARA, THALIPARAMBA, KANNUR,
PIN - 670 562.
BY ADVS.
K.N.ABHILASH
SUNIL NAIR PALAKKAT
RITHIK S.ANAND
RISHI VARMA T.R.
RESPONDENTS:
1 MORAZHA KALLIYASSERI SERVICE CO-OPERATIVE BANK
KALLIYASSERI P.O, ANCHAMPEEDIKA, KANNUR,
REPRESENTED BY ITS MANAGER,
PIN - 670 567.
2 DISTRICT REGISTRAR
OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL),
PALISSERY, THALASSERY, KERALA,
PIN - 670 104.
SRI. M.SASINDRAN
SMT. MABLE C.KURIAN - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:8978
WP(C) NO.45107 OF 2024
2
JUDGMENT
The petitioner had availed financial assistance of Rs.8 Lakhs from the 1st respondent Society in the year 2019 by creating equitable mortgage over his property. The petitioner defaulted payment of installments and the Society initiated recovery proceedings. Ext.P1 is the sale notice issued to the petitioner. Challenging Ext.P1, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondents to permit him to repay the due amount in twenty equal monthly installments and to regularise the loan account.
2. It is submitted by the learned counsel for the Society that, as on 27.01.2025, an 2025:KER:8978 WP(C) NO.45107 OF 2024 3 amount of Rs.12,04,510/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the amount in fifteen equal monthly installments.
3. The learned counsel for the petitioner submits that the petitioner will pay the outstanding amount in twenty equal monthly installments.
4. There will be a direction to the petitioner to pay the outstanding amount of Rs.12,04,510/- in eighteen equal monthly installments commencing from 01.03.2025 along with accrued interest and applicable charges. If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against him for recovery of the amount, in accordance with law. To enable 2025:KER:8978 WP(C) NO.45107 OF 2024 4 the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to Ext.P1 shall stand deferred.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:8978 WP(C) NO.45107 OF 2024 5 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 18.11.2024 ISSUED BY THE 2ND RESPONDENT DISTRICT REGISTRAR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) TO THE PETITIONER.
RESPONDENTS EXHIBITS:- NIL.