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2024 Supreme(Online)(KER) 31324
HIGH COURT OF KERALA
Devan Ramachandran, J
ALBY C.D – Appellant
Versus
PUDUKAD SERVICE CO OP BANK LTD NO.580 – Respondent
WP(C) 6345/2024
The judgment establishes the importance of compliance with court orders in debt-related matters and outlines potential consequences for non-compliance.
Headnote:
Cooperative - Writ Petition - N/A - This judgment emphasizes the court's role in enforcing compliance with interim orders related to debt repayment, outlining the consequences of non-compliance for the debtor.
Fact of the Case:
The petitioner failed to comply with a prior interim order requiring a payment of Rs.3 lakhs. The cooperative bank’s counsel stated that future relief would only be granted upon payment compliance.
Finding of the Court:
The court directed the petitioner to pay Rs.3 lakhs by a set date and, upon compliance, permitted the overdue amount to be repaid in installments. Failure to meet payment terms would lead to recovery actions.
Issues: Whether the court can enforce compliance with its interim orders regarding debt repayment.
Ratio Decidendi: The court reinforced that adherence to interim orders is crucial, and outlined the mechanism through which overdue debts may be regularized upon partial payment.
Final Decision: The Writ Petition was disposed of, conditioning debt regularization upon the compliance of payment.
When this matter was called today, Sri.Manu Govind – learned counsel for the ‘Pudukad Service Co-Operative Bank' (“Bank” for short), submitted that, since the petitioner has not complied with the interim order granted by this Court on 19.02.2024, and has refused to remit the amount of Rs.3 lakhs as ordered therein, his client will be agreeable to grant any further relief to the petitioner, only if the same is complied with. He submitted that, therefore, if the petitioner deposit Rs.3 lakhs as ordered by this Court earlier, by 10.05.2024, and the balance along with all applicable charges and interest, in 18 monthly instalments, commencing from 10.06.2024 the account can be regularised. He added that the overdue in the Loan Account of the petitioner, as on 18.03.2024, is Rs.22,42,505/-. 2. Sri.P.M.Ziraj – learned counsel for the petitioner, fully agreed to the afore and prayed that this Writ Petition be thus ordered.
This Writ Petition is thus disposed of, directing the petitioner to pay an amount of Rs.3 lakhs on or before 10.05.2024; and if this is complied with, then they will be allowed to pay off the balance of the afore said overdue amount, along with all applicable charges and interest, in 18 equal monthly installments, commencing from 10.06.2024. Needless to say, if the amounts are paid by the petitioner as afore, his account will stand regularised; but should he default in payment of two instalments, as ordered by this Court, or WP(C) NO. 6345 of 2024 any of the regular EMIs, then the benefit of this judgment will be lost to him; and necessary recovery action can be continued against him, without the Bank having to obtain any further orders from this Court.
