Kerala High Court
WP(C)/10829/2023 of HARIPRASAD.C Vs M/S. KOYYODE SERVICE CO-OPERATIVE BANK LTD., NO: C 6408, on 10 April 2025
No.10829 of 2023 2025:KER:31601 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 10829 OF 2023 PETITIONER: HARIPRASAD.C AGED 33 YEARS, S/O SUBRAMANIYAN NAMBOOTHIRI, RESIDING AT
W.P.(C) No.10829 of 2023
2025:KER:31601
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 10829 OF 2023
PETITIONER:
HARIPRASAD.C
AGED 33 YEARS, S/O SUBRAMANIYAN NAMBOOTHIRI, RESIDING AT CHALAKUNNATH ILLAM, PODUVACHERY P.O., KANNUR DISTRICT, PIN - 670621
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
GENTLE C.D.
RESPONDENTS:
M/S.KOYYODE SERVICE CO-OPERATIVE BANK LTD., NO: C 6408, [REPRESENTED BY ITS SECRETARY]
KOYYODE, KANNUR TALUK, KANNUR, PIN - 670621
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) KANNUR, THAVAKKARA,
KANNUR, KERALA, PIN - 670002
BY ADVS.
M.SASINDRAN
SIDHARTH P. SASI(K/762/2022)
W.P.(C) No.10829 of 2023
2025:KER:31601
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.10829 of 2023
2025:KER:31601
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JUDGMENT
The petitioner has availed certain credit facilities from the 1st respondent herein, and has filed the captioned writ petition, seeking to challenge the coercive proceedings initiated against him when default was committed in repayment.
2. Sri.G.Hariharan, the learned counsel on behalf of the petitioner, would point out that the petitioner has complied with the interim orders issued by this Court by remitting the amount of Rs.50,000/-. He would, therefore, pray that an instalment facility may be extended for clearing the arrears.
3. Sri.M.Sasindran, the learned counsel for the 1st respondent, would point out that the current liability is to the extent of Rs.4,34,346/-.
4. Considering the rival submissions as well as the connected records, the petitioner is permitted to clear the afore arrears, in 12 equal monthly instalments, commencing from 30.04.2025.
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5. If two successive defaults are committed by the petitioner, the benefits of this judgment would stand recalled. This writ petition is disposed of as above. Sd/-
HARISANKAR V. MENON
JUDGE anm
W.P.(C) No.10829 of 2023
2025:KER:31601
APPENDIX OF WP(C) 10829/2023
PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE LOAN PASSBOOK ISSUED BY THE 1ST RESPONDENT BANK FOR LOAN A/C NO.MTN (5Y) - 2432 IN THE NAME OF THE PETITIONER. Exhibit P2 A TRUE COPY OF THE REQUEST DATED 17.03.2023 MADE BY THE PETITIONER BEFORE THE 1 ST RESPONDENT IS PRODUCED HEREWITH AND Exhibit P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT BANK IN THE NAME OF THE PETITIONER FOR HAVING RECEIVED A SUM OF RS.50,000/- ON 29.04.2023