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2024 Supreme(Online)(KER) 18659
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 512 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 25.03.2024 IN WP(C) NO.6150 OF
2024 OF HIGH COURT OF KERALA APPELLANT(S)/PETITIONER:
MAYA RAJEEV AGED 40 YEARS W/O RAJEEV R, UTHRAM NIVAS, PAADIVATTAM, EDAPALLY P O, ERNAKULAM, PIN – 682024 BY ADVS.
K.ANAND AMEER SALIM BENNY ANTONY PAREL RESPONDENT(S)/RESPONDENTS:
1 THE MANAGER VENNALA SERVICE CO- OPERATIVE BANK, NO. E 774, VENNALA P.O., KOCHI, PIN-682028.
* CORRECTED THE CAUSETITLE R1 IS CORRECTED AS 'THE SECRETARY' INSTEAD OD 'THE MANAGER' AS PER THE ORDER DATED 19.02.2024 IN I.A.NO.1/2024., PIN – 682028
2 SENIOR INSPECTOR/THE SPECIAL SALE OFFICER (S P GRADE),VENNALA SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), KANAYANNOOR P O, KOCHI, PIN – 682016 SR.GP – T.K.VIPINDAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 513 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 25.03.2025 IN WP(C) NO.6058 OF
2024 OF HIGH COURT OF KERALA APPELLANT(S)/PETITIONERS:
RAJEEV R AGED 43 YEARS S/O K M RAVI,UTHRAM NIVAS, PAADIVATTAM, EDAPALLY P O, ERNAKULAM, PIN – 682024 BY ADVS.K.ANAND AMEER SALIM BENNY ANTONY PAREL RESPONDENT(S)/RESPONDENTS:
1 (THE MANAGER) * THE SECRETARY VENNALA SERVICE CO- OPERATIVE BANK, NO. E 774, VENNALA P O, KOCHI * (CORRECTED AS PER ORDER DATED
19.02.2024 IN IA 1/2024 IN WP(C)), PIN – 682028
2 SENIOR INSPECTOR THE SPECIAL SALE OFFICER (S P GRADE), VENNALA SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), KANAYANNOOR P O, KOCHI, PIN – 682016 SR. GP – T.K.VIPINDAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Amit Rawal, J.
1. W.A.No.512/2024 has been preferred against the judgment dated 25.03.2024 in W.P.(C) No.6150/2024 and W.A.No.513/2024, against the interim order in W.P(C). 6058/2024. Husband and wife had taken loan from the Co- operative Society and the total outstanding in respect of two loans is Rs.31,50,334/- (Rupees thirty one lakhs fifty thousand three hundred thirty four only). Learned judge while disposing of W.P.(C).No.6150/2024 noticed that the outstanding amount against one loan was Rs.31,50,334/- (Rupees thirty one lakhs fifty thousand three hundred thirty four only) whereas it should have been Rs.12,10,876/- (Twelve lakhs ten thousand eight hundred seventy six only) which is not disputed by the learned counsel representing the bank.
2. Learned counsel appearing on behalf of the appellant/petitioner submitted that the petitioner is house-wife and her husband is a driver. They have an intention to pay though earlier they could not pay the instalments on time. In case the period of instalment as granted by the learned Single judge is increased to some extent with astringent conditions of vacating the stay in case of default of two or three instalments.
3. On the other hand, learned counsel appearing on behalf of the Bank opposed the aforementioned contention and submitted that appellants have been in default since 2014 and 2015 and Bank was left with no other option but to obtain the award against the appellants under Section 69 of the Kerala Co- operative Societies Act. Many times offer have been given but there was no accede to the offers given by the Bank and therefore no concession is required to be granted.
4. We have heard the learned counsel for the parties and appraised paper book.
5. Keeping in view the attenuating circumstances that the husband is working as a driver and financial position of the parties, we thus modify the order in W.P.(C)No.6150/2024 by treating that the outstanding amount against the particular loan account is Rs.12,10,876/- (Twelve lakhs ten thousand eight hundred seventy six only) and not Rs.31,50,334/- (Rupees thirty one lakhs fifty thousand three hundred thirty four only) which was consolidated amount by adding up the amount due against another loan account referred to in W.P. (C)No.6058/2024. Instead of 24 instalments, 48 instalments are granted to pay off the debt commencing from 02.05.2024. Till such time, the execution petitions are ordered to be kept in abeyance. It is made clear that in case of two successive defaults, the respondent – Bank shall be at liberty to take action in accordance with law by reviving the execution petitions.
Writ appeals stand disposed off.
Sd/-
AMIT RAWAL JUDGE
