Allowed

K.Srikumar, Rep. by His Power of Attorne v. Alappuzha District Co-Operative Bank Ltd.

Kerala HC22 Mar 2010WP(C)/3090/2010

Case brief

AI extract

What is this about?

In a writ petition, the petitioner, whose loan account was non-performing, sought directions for an early decision on his one-time settlement representation submitted to the Registrar. The Court directed the Registrar to consider the grievances and pass orders within two months, while halting coercive recovery by the bank until final orders are issued.

What did the court decide?

Registrar directed to consider Ext.P8 representation and pass orders within two months; coercive recovery steps stayed until final orders.

K.Srikumar, Rep. by His Power of Attorne Vs Alappuzha… — Banking and Recovery | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

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MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932

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WP(C).No. 3090 of 2010(I)

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PETITIONER(S):

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------------------------

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K.SRIKUMAR,AGED 45 YEARS, S/O.P.K.KRISHNAN UNNITHAN,KADUVINAL PUTHENVEEDU, KAPPIL MEKKU,KRISHNAPURAM.P.O,KAYAMKULAM,ALAPPUZHA DISTRICT,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER P.K.KRISHNAN UNNITHAN,KADIVINAL PUTHENVEEDU, KAPPIL MEKKU,KRISHNAPURAM.P.O,KAYAMKULAM, ALAPPUZHA DISTRICT.

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BY ADV. MR.A.P.SUBHASH

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RESPONDENT(S):

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---------------------------

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1. ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD, KATTANAM BRANCH,ALAPPUZHA,REPRESENTED BY ITS SECRETARY.

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2. ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER.

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*ADDL.R3 IMPLEADED:

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R3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM.

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**(ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 22/03/2010 IN I.A.NO.4043/2010)*

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R3 BY SR. GOVERNMENT PLEADER MR. K.C.SANTHOSH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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K. SURENDRA MOHAN, J.

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W.P(C) NO:3090 OF 2010

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Dated this the 22^nd March, 2010.

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JUDGMENT

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The petitioner had availed a loan of Rs.3,00,000/- by way of an overdraft facility from the first respondent bank on 6.8.1996. In the year 1998 the loan account fell into default and became a nonperforming account. The first respondent bank then filed ARC 322/2000 before the Arbitrator/Assistant Registrar and an award was passed ex parte against the petitioner. On 5.12.2001 the petitioner's father remitted an amount of Rs.50,000/-, an amount of Rs.70,000/- on 19.12.2001 and a further amount of Rs.2,70,000/- on 30.3.2002. According to the petitioner the total amount paid taking into account the above payments is more than the actual amount due to the first respondent bank.

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The petitioner had filed a revision petition No: 106/2002 before the Kerala Co-operative Tribunal, Thiruvananthapuram as well as review petition No:3/2006. The review petition was partly allowed. Though the power of attorney holder of the petitioner submitted an application for one time settlement, the same is alleged to be still pending consideration. The petitioner complains that he has a right to the benefit of the one time settlement

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WPC 3090/2010 2

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scheme. He has submitted Ext.P8 representation before the Registrar of Co-operative Societies. However, no orders have been passed on Ext.P8 also. Therefore, the petitioner prays for appropriate directions for an early decision on Ext.P8.

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I have heard Shri. P.K.Vijayamohanan who appears for respondents 1 and 2 as well as the Senior Government Pleader who appears for the additional third respondent

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In the above circumstances this writ petition is disposed of directing the additional third respondent to consider the grievances of the petitioner highlighted in Ext.P8 representation in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. Pending final orders on Ext.P8, all coercive steps to recover the amounts demanded by the first respondent bank shall be kept in abeyance.

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K. SURENDRA MOHAN Judge

WPC 3090/2010 3

WPC 3090/2010 4

K.K.DENESAN & V. RAMKUMAR, JJ.

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M.F.A.NO:

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JUDGMENT

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Dated:

K.Srikumar, Rep. by His Power of Attorne v. Alappuzha District Co-Operative Bank Ltd.

Case brief

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K.Srikumar, Rep. by His Power of Attorne v. Alappuzha District Co-Operative Bank Ltd.

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