Petitioner challenged auction proceedings for defaulted loan seeking declaration and settlement benefits. Court directed bank to decide on settlement petition within six weeks pending final decision.
Directed the third respondent to consider the one-time settlement petition and communicate the decision within six weeks. Interim order continues until decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.M.JOSEPH
THURSDAY, THE 9TH AUGUST 2007 / 18TH SRAVANA 1929
WP(C).No. 8986 of 2007(T)
PETITIONER:
DASAN, S/O.KUMARAN, AGED 46 YEARS, CHYTHRAM, SAKTHIKULANGARA, KOLLAM.
BY ADV. SRI.C.RAJENDRAN
RESPONDENTS:
BY GOVT. PLEADER SRI. P.K. RAVIKRISHNAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC. 8986/2007.
APPENDIX
PETITIONER'S EXTS:
EXT. P1 : TRUE COPY OF THE RECEIPT DATED 17.1.2000. EXT. P1(a) : TRUE COPY OF THE RECEIPT DATED 22.6.2000. EXT. P1 (b) : TRUE COPY OF THE RECEIPT DATED 22/6/2000. EXT. P1 (c) : TRUE COPY OF THE RECEIPT DATED 22.6.2000.
EXT. P1 (d) : TRUE COPY OF THE RECEIPT DATED 8.8.2000.
EXT. P1 (e) : TRUE COPY OF THE RECEIPT DATED 22.3.2005.
EXT. P2 : A TRUE COPY PHOTOCOPY OF THE SAID NOTIFICATION DATED 23.3.2007.
EXT. P3 : A TRUE PHOTOCOPY OF THE SAID PETITION DATED 26.2.2007.
K.M.JOSEPH, J.
Dated this the 9th day of August, 2007
JUDGMENT
Petitioner seeks a mandamus to compel the respondents not to proceed against the landed properties of the petitioner pursuant to Ext.P2. The further prayer is for a direction to compel the respondents to give the benefit of one settlement scheme and seeks a declaration that respondents 2 to 4 are not entitled to realise Rs.1,07,234/- from the petitioner.
Petitioner availed a loan of Rs.50,000/-. Petitioner and his wife
are poor agriculturists. Petitioner could not effect payment of
insalments regularly. Petitioner has preferred Ext.P3 claiming the benefit of one time settlement. Though service is complete, there is no appearance for the third respondent.
In such circumstances the writ petition is disposed of directing the third respondent to consider and take a decision on Ext.P3 in accordance with law and communicate the same to the petitioner within
WPC.8986/2007. 2
a period of six weeks from the date of receipt of a copy of this judgment. Till such time as a decision is taken and communicated to
the petitioner, the interim order will continue.
(K.M. JOSEPH, JUDGE)
sb
2 issues framed by the court
Whether the bank is entitled to proceed against the petitioner's landed properties for loan default.
Whether the petitioner is entitled to relief under a one-time settlement scheme for the loan amount.
DASAN, S/O.KUMARAN
THE REGISTRAR OF CO-OPERATIVE THIRUVANANTHAPURAM
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM
THE COASTAL URBAN CO-OPERATIVE BANK, LTD.NO.3036, KOLLAM
THE SPECIAL SALE OFFICER, THE COASTAL URBAN CO-OPERATIVE BANK, LTD NO.3036, KOLLAM
K.M. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
