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2022 Supreme(Online)(KER) 23745
HIGH COURT OF KERALA
T. R. Ravi, J
ABDUL SATHAR – Appellant
Versus
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), – Respondent
WP(C)/26960/2022
O.D.SIVADAS, D.SOMASUNDARAM, SMT.MABLE C.KURIAN, SR.GP
Legal permission to settle dues in installments must be accompanied by strict provisions against default to protect the creditor's interests.
Headnote:
Payment - Writ Petitions - Kerala Co-operative Societies Rules - The court allowed the petitioners to pay their dues to the second respondent in equal installments, emphasizing compliance with prescribed payments to avoid coercive recovery actions.
Fact of the Case:
Petitioners sought permission to repay their liabilities to the second respondent in manageable installments.
Finding of the Court:
The court directed that installments be paid over 12 months, with strict guidelines on compliance, including accrued interest, while allowing the second respondent to pursue coercive measures upon defaults.
Issues: Whether the petitioners could be permitted to satisfy their financial obligations in installments without penal consequences for any defaults.
Ratio Decidendi: The court concluded that easing the repayment terms was permissible, balancing the interests of the petitioners against the second respondent's right to recover dues.
Final Decision: Petitioners allowed to repay dues in 12 monthly installments contingent upon compliance.
JUDGMENT
In all these cases the petitioners seek permission to wipe of the liabilities to the 2nd respondent in easy instalments.
2. The Standing Counsel for the 2nd respondent on instructions submits that permission can be granted, provided the payments are made without default.
In such circumstances, these writ petitions are disposed of with the following directions:
The petitioners in all these cases are permitted to pay of the amounts due from them respectively, to the 2nd respondent in 12 equal monthly instalments, the 1st instalment falling due on or before 30.10.2022 and the remaining instalments falling due on or before the 30th of the succeeding months. The petitioners shall also pay the accrued interest on the amounts due. If the petitioners make two consecutive defaults in the payment of instalments as directed above, the 2nd respondent is at liberty to take necessary coercive steps for relaization of the amounts. Coercive steps undertaken now shall be kept in abeyance to facilitate the payment of instalments in the manner directed above.
Sd/- T.R.RAVI JUDGE mpm APPENDIX OF WP(C) 26895/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE UNDER RULE 44(1)
(C) (i) OF THE KERALA CO-OPERATIVE SOCIETIES' RULES ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
APPENDIX OF WP(C) 26960/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE UNDER RULE 44(1)
(C) (i) OF THE KERALA CO-OPERATIVE SOCIETIES' RULES ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
APPENDIX OF WP(C) 27036/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE UNDER RULE 44(1)
(C) (i) OF THE KERALA CO OPERATIVE SOCIETIES' RULES ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
