Raziya v. The Manager, Kerala State Co-operative Bank Ltd, The Special Sale Officer, Kuriyachira Service Cooperative Bank, and Additional Thrissur Service Co-operative Bank

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Gopinath P.
Judgment Date: 2023-04-03
Court Decision / Holding: Direct the bank to accept repayment of Rs.31,76,425/- along with bank charges in twenty equated monthly installments, with the first installment due on 30-04-2023 and subsequent payments on the last working day of each month; in case of default, proceedings may be pursued in accordance with law; coercive proceedings shall be kept in abeyance to enable repayment; writ petition disposed of accordingly.
Final Disposition: Writ petition disposed of with directions for installment payment and stay of coercive actions pending repayment.

Parties to the Case

Appellants / Petitioners

Raziya

Respondents

The Manager, Kerala State Co-operative Bank Ltd, Head Office Branch, Thrissur
The Special Sale Officer, Kuriyachira Service Cooperative Bank
Additional Thrissur Service Co-operative Bank

Legal Representation & Advocates

Counsels for Petitioners

• Adv. T.N. Manoj

Case Synopsis & Summary

Raziya, the petitioner before the Kerala High Court, obtained a loan from the Kerala State Co‑operative Bank and defaulted. The bank initiated proceedings under the Kerala Co‑operative Societies Act, 1969, prompting Raziya to approach the High Court seeking relief from coercive measures and an opportunity to settle the debt. Counsel for Raziya submitted that she should be allowed to clear the liability in installments and that she had complied with conditions set in interim orders. The respondent bank maintained that after adjusting credits from interim payments, the outstanding sum stood at Rs 31,76,425 as on 03-04-2023, and that instalment facilities should be provided to gradually liquidate the liability. The court considered these submissions and, balancing debt recovery with the debtor’s ability to pay, directed a repayment plan on specific terms: the entire outstanding amount plus bank charges to be repaid in twenty equated monthly installments, the first installment due by 30-04-2023 and each subsequent payment due on the last working day of the ensuing month, with a default clause permitting dispute resolution under law and with coercive proceedings to be kept in abeyance to facilitate repayment. The petition was disposed of accordingly. The appendix contains numerous exhibits including notices of demand and awards under ARC numbers. The order reflects the court’s preference for phased settlement over immediate coercion while ensuring eventual recovery. The directive aims to preserve the debtor’s capacity to repay while safeguarding the bank’s security.

Provisions of Law Cited

Kerala Co-operative Societies Act, 1969

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner’s counsel argued for permission to clear the liability in installments, contending that the conditions set in interim orders had been complied with and that a repayment plan would avoid coercive measures while ensuring eventual payment of the loan.

Contentions of Respondents

The bank’s counsel submitted that after credits from interim payments, the outstanding amount as on 03-04-2023 was Rs.31,76,425 and proposed allowing installment payments to liquidate the debt; they stressed the need to recover the loan and maintain contractual rights, subject to appropriate safeguards.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE GOPINATH P.** ## **MONDAY, THE 3[RD] DAY OF APRIL 2023 / 13TH CHAITHRA, 1945** ## **WP(C) NO. 8050 OF 2022** ## **PETITIONER:** RAZIYA AGED 50 YEARS W/O JAMANL, RESIDINGA AT KARENGAL HOUSE, PATTIKKARA DESOM, CHIRANELLUR VILLAGE, THALAPILLY TALUK, KECHERY, THRISSUR DISTRICT. BY ADV T.N.MANOJ ## **RESPONDENTS:** 1 *THE MANAGER KERALA STATE CO-OPERATIVE BANK LTD, HEAD OFFICE BRANCH, SAHAKARANA SADABHI MANDIRAM, TUDA ROAD, KOVILAKATHUM PADAM, THIRUVAMBADY, AND TRISSUR-680 022. **RESPONDENT 1 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 30.03.2022 IN IA 02/2022 IN WPC 8050/2022 2 THE SPECIAL SALE OFFICER, KURIYACHIRA SERVICE COOPERATIVE BANK GROUND , OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), AYYANTHOLE TRISSUR680 003. 3 ADDL.TRISSUR SERVICE CO-OPERATIVE BANK SOUGHT TO BE IMPLEADED BY ADVS. A.D.RAVINDRA PRASAD ALEX VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.8050/2022 -2- ## **J U D G M E N T** The petitioner availed a loan from the respondent bank. On default being committed, proceedings were initiated against the petitioner under the provisions of the Kerala Co-operative Societies Act, 1969, prompting the petitioner to approach this court by filing the above writ petition. 2. The learned counsel appearing for the petitioner submits that the petitioner may be permitted to clear the liability in installments. It is submitted that condition imposed by this court in various interim orders has been complied with. 3. The learned counsel appearing for the respondent bank submits that the amount due from the petitioner (after giving credit to the amounts paid by the petitioner pursuant to the interim orders of this court) is Rs.31,76,425/- as on 03-04-2023. It is submitted that some reasonable installments can be given to the petitioner to clear the entire liability. 4. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire amount of Rs.31,76,425/- along with bank charges from the petitioner on the following conditions: - (i) The outstanding amount of Rs.31,76,425/- together with any accrued interest/costs shall be repaid in twenty (20) equated monthly instalments. - (ii) The first instalment shall be paid on or before 30-04-2023 and subsequent instalments shall be paid on the last working day of every succeeding month. -3- W.P (C) No.8050/2022 - (iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with 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** AMG W.P (C) No.8050/2022 -4- ## **APPENDIX OF WP(C) 8050/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE OF DEMAND PERTAINING TO ARC NUMBER 4656 OF 2020 DATED 24.6.2021 DIRECTING TO PAY AN AMOUNT OF RS 2,60,203/Exhibit P2 TRUE COPY OF THE NOTICE OF DEMAND PERTAINING TO ARC NUMBER 4657 OF 2020 DATED DIRECTING TO PAY AN AMOUNT OF RS 331945/Exhibit P3 TRUE COPY OF THE NOTICE OF DEMAND PERTAINING TO ARC NUMBER 4658 OF 2020 DATED 24.6.2021 DIRECTING TO PAY AN AMOUNT OF RS 3,31945/Exhibit P4 TRUE COPY OF THE NOTICE OF DEMAND PERTAINING TO ARC NUMBER 4659 OF 2020 DATED 24.6.2021 DIRECTING TO PAY AN AMOUNT OF RS 3,31945/- - Exhibit P5 TRUE COPY OF THE NOTICE OF DEMAND PERTAINING TO ARC NUMBER 4660 OF 2020 DATED 24.6.2021 DIRECTING TO PAY AN AMOUNT OF RS 3,31945/- - Exhibit P6 TRUE COPY OF THE NOTICE OF DEMAND PERTAINING TO ARC NUMBER 4661 OF 2020 DATED 24.6.2021 DIRECTING TO PAY AN AMOUNT OF RS 3,49645/- - Exhibit P7 TRUE COPY OF THE NOTICE OF DEMAND PERTAINING TO ARC NUMBER 4662 OF 2020 DATED 24.6.2021 DIRECTING TO PAY AN AMOUNT OF RS 3,49465/- - Exhibit P8 TRUE COPY OF THE NOTICE OF DEMAND PERTAINING TO ARC NUMBER 4663 OF 2020 DATED 24.6.2021 DIRECTING TO PAY AN AMOUNT OF RS 3,49645/- - Exhibit P9 TRUE COPY OF THE NOTICE OF DEMAND PERTAINING TO ARC NUMBER 4664 OF 2020 DATED 24.6.2021 DIRECTING TO PAY AN AMOUNT OF RS 3,49645/- - Exhibit P10 TRUE COPY OF THE NOTICE OF DEMAND PERTAINING TO ARC NUMBER 4665 OF 2020 DATED 24.6.2021 DIRECTING TO PAY AN AMOUNT OF RS 3,49348/- - Exhibit P11 TRUE COPY OF THE NOTICE OF DEMAND PERTAINING TO ARC NUMBER 4666 OF 2020 DATED 24.6.2021 DIRECTING TO PAY AN AMOUNT OF RS 2,60203/- W.P (C) No.8050/2022 -5- |Exhibit P12|TRUE COPY OF THE PETITION DATED 24.7.2021 SEEKING| |---|---| ||ORDERS TO SET ASIDE EXPARTIE AWARDS PASSED IN ARC| ||4656/20| |Exhibit P13|TRUE COPY OF THE PETITION DATED 24.7.2021 SEEKING| ||ORDERS TO SET ASIDE EXPARTIE AWARD PASSED IN ARC| ||4657/20| |Exhibit P14|TRUE COPY OF THE PETITION DATED 24.7.2021 SEEKING| ||ORDERS TO SET ASIDE EXPARTIE AWARD PASSED IN ARC| ||4658/20| |Exhibit P15|TRUE COPY OF THE PETITION DATED 24.7.2021 SEEKING| ||ORDERS TO SET ASIDE EXPARTIE AWARD PASSED IN ARC| ||4659/20| |Exhibit P16|TRUE COPY OF THE PETITION DATED 24.7.2021 SEEKING| ||ORDERS TO SET ASIDE EXPARTIE AWARD PASSED IN ARC| ||4660/20| |Exhibit P17|TRUE COPY OF THE PETITION DATED 24.7.2021 SEEKING| ||ORDERS TO SET ASIDE EXPARTIE AWARD PASSED IN ARC| ||4661/20| |Exhibit P18|TRUE COPY OF THE PETITION DATED 24.7.2021 SEEKING| ||ORDERS TO SET ASIDE EXPARTIE AWARD PASSED IN ARC| ||4662/20| |Exhibit P19|TRUE COPY OF THE PETITION DATED 24.7.2021 SEEKING| ||ORDERS TO SET ASIDE EXPARTIE AWARD PASSED IN ARC| ||4662/20| |Exhibit P20|TRUE COPY OF THE PETITION DATED 24.7.2021 SEEKING| ||ORDERS TO SET ASIDE EXPARTIE AWARD PASSED IN ARC| ||4664/20| |Exhibit P21|TRUE COPY OF THE PETITION DATED 24.7.2021 SEEKING| ||ORDERS TO SET ASIDE EXPARTIE AWARD PASSED IN ARC| ||4665/20| |Exhibit P22|TRUE COPY OF THE PETITION DATED 24.7.2021 SEEKING| ||ORDERS TO SET ASIDE EXPARTIE AWARD PASSED IN ARC| ||4666/20| |Exhibit P23|THE INFORMATION DATED 8.9.2021 PROVIDED BY THE PUBLIC| ||INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE| ||ASST REGISTRAR GENERAL DEPARTMENT OF COOPERATION| ## W.P (C) No.8050/2022 -6- Exhibit P24 TRUE COPY OF THE NOTICE DATED 24.9.2021 ISSUED AT THE INSTANCE OF THE FIRST RESPONDENT TO THE PETITIONER ## RESPONDENT EXHIBITS Exhibit R2 a THE TRUE COPY OF THE TOTAL OUTSTANDING AMOUNT OF THE PETITIONER AND JAMAL JOINTLY IN THE MDS SCHEME AND OTHER LOAN OF MR J AMAL, AND THE PETITIONER JOINTLY AS ON 16.6.2022 Exhibit R3 b THE TRUE COPY OF THE AWARD IN ARC NO 4656 OF 2020 DATED 30.11.2020 Exhibit R3 c THE TRUE COPY OF THE AWARD IN ARC NO 4657 OF 2020 DATED 30.11.2020 Exhibit R3 d THE TRUE COPY OF THE AWARD IN ARC NO 4657 OF 2020 DATED 30.11.2020 Exhibit R3 e THE TRUE COPY OF THE AWARD IN ARC NO 4659 OF 2020 DATED 30.11.2020 - Exhibit R3 f THE TRUE COPY OF THE AWARD IN ARC NO 4660 OF 2020 DATED 30.11.2020 Exhibit R3 g THE TRUE COPY OF THE AWARD IN ARC NO 4661 OF 2020 DATED 30.11.2020 Exhibit R3 h THE TRUE COPY OF THE AWARD IN ARC NO 4662 OF 2020 DATED 30.11.2020 - Exhibit R3 i THE TRUE COPY OF THE AWARD IN ARC NO 4663 OF 2020 DATED 30.11.2020 Exhibit R3 j THE TRUE COPY OF THE AWARD IN ARC NO 4664 OF 2020 DATED 3.11.2020 Exhibit R3 k THE TRUE COPY OF THE AWARD IN ARC N0 4665 OF 2020 DATED 30.11.2020 Exhibit R3 i THE TRUE COPY OF THE AWARD IN ARCNO 46665 2020 DATED 30.11.2020 Exhibit R3 m THE TRUE COPY OF THE AWARD IN ARC NO 4655 OF 2020 DATED 30.11.2020 ## W.P (C) No.8050/2022 -7- Exhibit R3 n A TRUE COPY OF THE SUMMONS ISSUED FOR HEARING IN AWARD IN ARC NO 4656 OF 2020 DATED 30-11-2020 ALONG WITH ACKNOWLEDGEMENT ON THE BACK SIDE - Exhibit R3 o A TRUE COPY OF THE SUMMONS ISSUED FOR THE HEARING IN AWARD IN ARC NO 4657 OF 2020 DATED 30.11.2020 ALONG WITH ACKNOWLEDGEMENT ON THE BACK SIDE - Exhibit R3 p A TRUE COPY OF THE SUMMONS ISSUED FOR THE HEARING IN AWARD IN ARC NO 558 OF 2020 DATED 30.11.2020 ALONG WITH ACKNOWLEDGEMENT ON THE BACK SIDE - Exhibit R3 q A TRUE COPY OF THE SUMMONS ISSUED FOR THE HEARING IN AWARD IN ARC NO 4659 OF 2020 DATED 30.11.2020 ALONG WITH ACKNOWLEDGEMENT ON THE BACK SIDE ## RESPONDENT EXHIBITS Exhibit R3 r A TURE COPY OF THE SUMMONS ISSUED FOR THE HEARING IN AWARD IN ARC NO 4660 OF 2020 DATED 30.11.2020 ALONG WITH ACKNOWLEDGEMENT ON THE BACK SIDE - Exhibit R3 s A TRUE COPY OF THE SUMMONS ISSUED FOR THE HEARING IN AWARD IN ARC NO 4661 OF 2020 DATED 30.11.2020 ALONG WITH ACKNOWLEDGEMENT ON THE BACK SIDE - Exhibit R3 t A TRUE COPY OF THE SUMMONS ISSUED FOR THE HEARING IN AWARD IN ARC NO 4662 OF 2020 DATED 30.11.2020 ALONG WITH ACKNOWLEDGEMENT ON THE BACK SIDE - Exhibit R3 u A TRUE COPY OF THE SUMMONS ISSUED FOR THE HEARING IN AWARD IN ACR NO 4663 OF 2020 DATED 30.11.2020 ALONG WITH WITH ACKNOWLEDGEMENT ON THE BACK SIDE - Exhibit R3 v A TRUE COPY OF THE SUMMONS ISSUED FOR THE HEARING IN AWARD IN ACR NO 4664 OF 2020 ALONG WITH ACKNOWLEDGEMENT ON ON THE BACK SIDE - Exhibit R3 w A TRUE COPY OF THE SUMMONS ISSUED FOR THE HEARING IN AWARD IN ARC NO 4665 OF 2020 30.11.2020 ALONG WITH ACKNOWLEDGEMENT ON THE BACK SIDE - Exhibit R3 x A TRUE COPY OF THE SUMMONS ISSUED FOR THE HEARING IN AWARD IN ARC NO 4666 OF 2020 DATED 30.11.2020 ALONG WITH ACKNOWLEDGEMENT ON THE BACK SIDE - Exhibit R3 y A TRUE COPY OF THE SUMMONS ISSUED FOR THE HEARING IN AWARD IN ARC NO 4655 OF 2020 DATED 30.11.2020 ALONG W.P (C) No.8050/2022 -8- WITH ACKNOWLEDGEMENT ON THE BACK SIDE