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Prajesh V.P

High Court Of Kerala|28 November, 2014
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JUDGMENT / ORDER

The petitioner seeks keeping in abeyance of the recovery proceedings, till the petitioner files an appeal from Ext.P1 award. Ext.P1 award is dated 27.11.2012. The petitioner was issued notice before the award was passed and the petitioner does not also have a contention that the award had not been communicated, as provided under Rule 68 of the Co-operative Societies Rules. In such circumstance there could be no time granted since, the Co-operative Tribunal would have no competence to condone the unreasonable delay that has occasioned in the above case. The said position is declared by a decision of this Court in 2014(4)KLT 647 Gopinathan Nair v. Kerala Co-operative Tribunal. 2. In such circumstance, the petitioner prays for installments. The respondent-Bank shall quantify the dues as on 20.12.2014 and issue a statement of accounts, WPC No.31967/2014 ::2::
in accordance with which the instalments shall be paid. The 1st instalment shall be paid on or before 01.01.2015 and thereafter; the due date of instalments falling on the 01st of each succeeding month. If default is committed in two consecutive instalments, then the recovery proceedings shall revive and continue. On the satisfaction of the dues as per the statement, the Bank shall give a statement of the future interest from 20.12.2014 and the same shall be settled as the 11th instalment.
The writ petition stands disposed of as above.
No costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge
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Title

Prajesh V.P

Court

High Court Of Kerala

JudgmentDate
28 November, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri Rajagopal Padippurackal
  • Sri Sinu G Nath