Kerala High Court
Thomas Abraham vs The Peermade Co-Operative ...
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 18TH DAY OF DECEMBER 2014/27TH AGRAHAYANA, 1936
WP(C).No. 37653 of 2009 (B)
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PETITIONER(S):
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THOMAS ABRAHAM, AGED 63 YEARS,
S/O. ABRAHAM, PUNJAKUNNEL HOUSE, (PUTHIYATHU)
DYMUKKU, PERIYAR, PEERMADE,
IDUKKI.
BY ADV. SRI.M.J.THOMAS
RESPONDENT(S):
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1. THE PEERMADE CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LIMITED NO. 1-273
REPRESENTED BY ITS SECRETARY.
2. THE PEERMADE CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LIMITED NO. 1-273
KUMILI BRANCH, REPRESENTED BY THE BRANCH MANAGER.
3. THE SPECIAL SALE OFFICER /A & E
INSPECTOR, THE PEERMADE CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LIMITED NO. 1-273
ELAPPARA, IDUKKI.
4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
PINAVU, IDUKKI.
R1 & 2 BY ADV. SRI.JOICE GEORGE
R3 & 4 BY SENIOR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-12-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 37653 of 2009 (B)
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APPENDIX
PETITIONERS' EXHIBITS
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P1: COPY OF THE ORDER DATED 4/7/07 OF THE KERALA STATE FARMERS DEBT
RELIEF COMMISSION
P2: COPY OF THE RECEIPT DATED 30/8/07, 29/10/2007 AND 31/12/2007
P2(A): COPY OF THE RECEIPT DATED 30/8/2007 29/10/2007 AND 31/12/2007
P2(B): COPY OF THE RECEIPT DATED 30/8/2007
P3: COPY OF THE NOTICE DATED 20/5/2009 ISSUED BY THE R2
P4: COPY OF THE LETTER ISSUED BY THE R4
P5: COPY OF LETTER DATED 15/9/2008 ISSUED THE WIFE OF THE PETITIONER
P6: COPY OF THE NOTICE DATED 23/11/09 ISSUED BY THE R3
P7: COPY OF THE CIRCLULAR NO.1/2009
P8: COPY OF THE REPRESENTATION DATED 17/12/09 TO THE R4
RESPONDENTS' EXHIBITS
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R1(A): COPY OF THE DETAILS OF THE LOAN ACCOUNT OF THE PETITIONER AND HIS
WIFE SHOWING THE DISBURSEMENT AND OTHER PARTICULARS.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K. VINOD CHANDRAN, J.
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W.P.(C) No.37653 of 2009 - B
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Dated this the 18th day of December, 2014
J U D G M E N T
The petitioner is aggrieved with the recovery proceedings initiated in around 10 transactions; the petitioner had with the respondent Bank. The petitioner contends that, since the respondent Bank is an Agricultural and Rural Development Bank, the proceedings for recovery are covered under the The Kerala State Co-operative Agricultural and Rural Development Bank Act, 1984 and there is no dispute resolution system provided therein. In such circumstance, the petitioner prays that the respondent Bank issue a statement of accounts showing the credit made as also the debit made in the account including interest levied. The petitioner shall pay the same in instalments, is the prayer.
2. The learned Counsel for the respondent Bank who earlier appeared in the matter submits that he has W.P.(C) No.37653 of 2009 - B 2 relinquished the vakalath. It is to be noticed that the writ petition has been pending from 2009. Considering the confined prayer made by the petitioner it is only proper that the petitioner be issued with a statement of accounts as indicated above, showing the dues as on 10.01.2015. It is made clear that separate statement of accounts shall be issued in the separate loan accounts. The petitioner shall remit the entire balance due in all the transactions in ten monthly instalments starting from 19.01.2015 and followed up on the 19th of each succeeding month. The recovery proceedings shall be kept in abeyance till then. If two consecutive defaults are committed, recovery steps initiated shall revive and continue The writ petition would stand disposed of with the above observations.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.