Kerala High Court
Sudhakaran vs Joint Registrar (General) ...
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 27TH DAY OF JULY 2018 / 5TH SRAVANA, 1940
WP(C).No. 21554 of 2018
PETITIONER:
SUDHAKARAN,
S/O.PATTDATH CHAKKAPPAN, INCHAMUDY PO, THRISSUR.
BY ADV.SRI.DILIP J. AKKARA
RESPONDENT(S):
1. JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES,
SAHAKARANA BHAVAN (GENERAL) OFFICE, THRISSUR-680 003.
2. SECRETARY, THRISSUR CO-OPERATIVE AGRICULTURAL RURAL
DEVELOPMENT BANK LTD. 329,
HEAD OFFICE, CIVIL LANE ROAD, THRISSUR-680 004.
3. SALE OFFICER, THRISSUR CO-OPERATIVE AGRICULTURAL RURAL
DEVELOPMENT BANK LTD. 329,
HEAD OFFICE, CIVIL LANE ROAD, THRISSUR-680 004.
R1 BY GOVERNMENT PLEADER SMT. MABLE C. KURIAN
R2 BY ADVS. SRI.M.R.VENUGOPAL
SMT.DHANYA P.ASHOKAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 21554 of 2018 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 PHOTOCOPY OF RELEVANT PAGES OF PETITIONER'S
LOAN PASS BOOK NO.A 47290 ISSUED BY 2ND
RESPONDENT.
EXHIBIT P2 PHOTOCOPY OF SALE NOTICE DATED 29.05.18 ISSUED BY
3RD RESPONDENT.
RESPONDENT'S EXHIBIT NIL
/TRUE COPY/
PS TO JUDGE
PBS
01/08/2018
ANIL K.NARENDRAN, J.
-----------------------------------------------
W.P .(C)No.21554 of 2018
-----------------------------------------------
Dated this the 27th day of July, 2018
JUDGMENT
The petitioner, who availed a loan from the 2 nd respondent Bank for a sum of Rs.5 lakhs in the year 2017, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 sale notice dated 29.5.2018 issued by the 3rd respondent Sale Officer and seeking a writ of mandamus commanding the respondents to grant him instalment facility to clear the overdue amount and to regularise the loan account.
2. On 29.6.2018, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for the 1st respondent. Urgent notice on admission by speed post was ordered to respondents 2 and 3. This Court has also ordered that confirmation of sale, if any, conducted pursuant to Ext.P2 sale notice shall be deferred for a period of one month on condition that the petitioner deposits a sum of Rs.50,000/- with the 2nd respondent Bank within a period of two W.P.(C)No.21554 of 2018 :-2-:
weeks.
3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 and 3 and also the learned counsel for the 2 nd respondent Bank.
4. Learned counsel for the petitioner would submit that in terms of the order of this Court dated 29.6.2018, the petitioner has deposited a sum of Rs.50,000/- in the 2 nd respondent Bank on 13.7.2018 and for remitting the balance amount overdue, the petitioner requires a reasonable time.
5. Learned counsel for the 2nd respondent Bank would submit that the total overdue as on 9.7.2018 comes to Rs.3,05,892/- and the total liability as on that date comes to Rs.5,98,427/-. If the petitioner is prepared to pay off the overdues (less Rs.50,000/- stated to have deposited on 13.7.2018), together with future interest, in monthly instalments, along with regular monthly instalments, the 2nd respondent has no objection in this Court granting a reasonable opportunity to the petitioner to effect such repayment.
Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the W.P.(C)No.21554 of 2018 :-3-:
following directions ;
(i) The petitioner shall pay off the entire overdues amounting to Rs.3,05,892/- (less Rs.50,000/- stated to have deposited on 13.7.2018 in terms of the interim order dated 29.6.2018), together with future interest from 9.7.2018, in 10 equal monthly instalments, commencing from 13.08.2018 and the subsequent instalments payable on or before the 13th day of the succeeding months. Along with the said instalments, the petitioner shall also pay regular monthly instalments.
(ii) If the petitioner is remitting the aforesaid instalments in time, without any default, all recovery proceedings pursuant to Ext.P2 sale notice shall be kept in abeyance, so as to enable the petitioner to pay off the entire dues, as directed above.
(iii) In case of any default committed by the petitioner in remitting any one of the aforesaid instalments, it would be open to the respondents to proceed further with the coercive steps initiated against the petitioner.
Sd/-
ANIL K.NARENDRAN JUDGE ami/28.7.18 //True copy// P.A.to Judge