Kerala High Court
WP(C)/12493/2025 of MATHEW KURIACHAN, Vs THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES(GENERAL), on 8 April 2025
WP(C) NO. 12493 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 12493 OF 2025 PETITIONER/S: 1 MATHEW KURIACHAN,AGED 68 YEARS S/O K.J MATHEW, KOODIKULAM HOUSE, PADUVA P.O.,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
WP(C) NO. 12493 OF 2025
PETITIONER/S:
MATHEW KURIACHAN,AGED 68 YEARS
S/O K.J MATHEW, KOODIKULAM HOUSE, PADUVA P.O., KOTTAYAM, PIN - 686564
LISSY KURIACHAN,AGED 62 YEARS
W/O MATHEW KURIACHAN, KOODIKULAM HOUSE, PADUVA P.O., KOTTAYAM, PIN - 686564
BY ADV A.K.HARIDAS
RESPONDENT/S:
THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES(GENERAL), COLLECTORATE, KOTTAYAM DISTRICT, PIN - 686002
SPECIAL SALE OFFICER,
THE KERALA STATE COORPORATIVE BANK LTD.,OFFICE OF THE
JOINT REGISTRAR OF COORPORATIVE SOCIETIES(GENERAL), COLLECTORATE, KOTTAYAM, PIN - 686002
THE KERALA STATE COORPORATIVE BANK LTD., KOTTAYAM BRANCH OFFICE, POST BOX NO 140, KOTTAYAM
REP BY IT’S MANAGER, PIN - 686001
SRI. ATHUL SHAJI, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
Petitioners have approached this Court challenging proceedings initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of the amounts due from the petitioners.
2. During the course of hearing, petitioners have confined the relief to an opportunity for repaying the liability in instalments.
3. Learned Standing Counsel appearing for the respondent bank submits that the petitioner availed two loans from the respondent bank and committed default in repayment. It is also submitted that regularisation is not possible. It is submitted that, this is the second round of litigation at the instance of the petitioners. It is submitted that, the earlier writ petition filed as W.P.(C) No.6445 of 2020 was disposed of on 04.03.2020, permitting the petitioners to pay off the then outstanding amount in instalments. It is submitted that, though the petitioners paid some amount pursuant to the directions contained in the judgment, the petitioners did not comply with the terms of the judgment. It is submitted that, the present outstanding amount, as on 08.04.2025, which is liable to be repaid is Rs.89,36,038/- (Rupees Eighty nine lakh thirty six thousand and thirty eight only). It is submitted that, purely as a matter of indulgence, respondent bank is willing to accept the repayment of the outstanding amount in some instalments. It is submitted that, since this is the second round of litigation at the instance of the petitioners, the number of instalments may be limited.
4. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioners can be granted an opportunity to repay the outstanding amount of Rs.89,36,038/- (Rupees Eighty nine lakh thirty six thousand and thirty eight only) along with accrued interest, cost and charges in ten instalments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of Rs.89,36,038/- (Rupees Eighty nine lakh thirty six thousand and thirty eight only) along with any accrued interest, cost and bank charges from the petitioners in the following manner:
(i) The petitioners shall pay the outstanding amount of Rs.89,36,038/- (Rupees Eighty nine lakh thirty six thousand and thirty eight only) in ten equated monthly instalments along with any accrued interest, charges and costs;
(ii) The first instalment shall be paid on or before 30.04.2025 and the subsequent instalments shall be paid on or before the last working day of the succeeding months;
(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;
(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ajt
APPENDIX OF WP(C) 12493/2025 PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE JUDGMENT IN WP(C) 6445/2020 DATED 04/03/2020 BEFORE THE HON'BLE HIGH COURT OF KERALA Exhibit-P2 THE TRUE COPY OF THE CERTIFICATE ISSUED FROM THE MEDICAL COLLEGE HOSPITAL, KOTTAYAM DATED 15.07.2024 Exhibit-P3 THE TRUE COPY OF THE TREATMENT CARD FROM KOTTAYAM GOVT. MEDICAL COLLEGE Exhibit-P4 THE TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 3RD RESPONDENT DATED 19/07/2024 Exhibit-P5 THE TRUE COPY OF THE DEMAND NOTICE DATED 12/03/2025 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER Exhibit P5(a) THE TRUE COPY OF THE DEMAND NOTICE DATED 12/03/2025 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER