IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 29^TH DAY OF AUGUST 2024 / 7TH BHADRA, 1946 WP(C) NO. 23608 OF 2024 PETITIONER:

VISHNU K S AGED 30 YEARS, S/O. SHIBU.K.V, KEEDAYI HOUSE,ERAVAKKAD,CHITTISSERY P.O NENMANIKKARA, THRISSUR PIN – 680301.

BY ADVS.

A.N.SATHISH KUMAR SUJATHA E.R. RESPONDENTS:

1 THE MANAGER PUDUKKAD TOWN SERVICE CO-OPERATIVE BANK LTD.PUDUKKAD P.O,THRISSUR PIN – 680301.

2 THE SPECIAL SALE OFFICER VATTANATHRA SCB GROUP ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),MUKUNDAPURAM, THRISSUR PIN – 680733.

BY ADV.SRI.P.C SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

Dated this the 29^th day of August, 2024 The petitioner has approached this Court aggrieved by the coercive proceedings for recovery of financial advance made by the Pudukkad Town Service Co-operative Bank Limited to the petitioner, invoking the provisions of the Kerala Co-operative Societies Act, 1969.

2. The Bank paid three loans to the petitioner's parents in the year 2016. The petitioner stood as guarantor to the loan. The petitioner states that though the petitioner made remittances promptly during the initial repayment period of the financial advance, he could not pay the instalments promptly later. The repayment of loan fell into arrears. It happened due to reasons beyond the control of the petitioner.

3. Though the petitioner requested the Bank to permit the petitioner to repay the overdue amounts in easy monthly instalments, the Bank authorities were not yielding. The authorities, instead, started coercive proceedings, invoking the provisions of the Kerala Co-operative Societies Act, 1969 and issued Exts.P1 to P3 notices.

4. The petitioner states that he is still in a position to clear the overdue amounts towards the loan, if sufficient time is given to clear the dues in easy monthly instalments. If the respondents are permitted to continue with the coercive proceedings and auction the secured assets provided by the petitioner, he will be put to untold hardship and loss.

5. Standing Counsel entered appearance on behalf of the Bank and denied all the statements made by the petitioner. On behalf of the respondents, it is submitted that the loan was given to the petitioner in the year 2016. The petitioner committed default in repaying the loan.

6. The Bank repeatedly reminded the petitioner and required him to clear the dues. The petitioner deliberately omitted to do so. In the circumstances, the Bank had no other go than to proceed against the petitioner invoking the provisions of the Kerala Co-operative Societies Act, 1969. The impugned Exts.P1 to P3 notices were issued in these circumstances. The petitioner has not advanced any legal reasons to thwart the coercive proceedings initiated by the Bank.

7. The Standing Counsel, however, submitted that if the petitioner is ready and willing to remit the balance outstanding amount in instalments, a short breathing time can be granted to the petitioner to clear the dues. The Standing Counsel submitted that the outstanding amount due to the Bank from the petitioner as on 29.08.2024 is ₹3,28,482/-.

8. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the Bank. 9. The specific case of the petitioner is that the petitioner has been making the repayment and maintaining the loan account initially. The default in repayment occurred lately due to reasons beyond the control of the petitioner. The petitioner has provided substantial security which will safeguard the interest of the Bank.

10. In the facts and circumstances of the case, I am inclined to dispose of the writ petition giving a short and reasonable time to the petitioner to clear off the liability.

11. The writ petition is therefore disposed of with the following directions:

(i) The petitioner shall remit the out