Disposed

Vijayalekshmi v. the Manager, Kollam District Co-Operative Bank

Kerala HC6 Jun 2016WP(C)/3950/2015

Case brief

AI extract

What is this about?

The petitioner, wife of a deceased borrower, approached the High Court challenging a possession notice while seeking benefits under the Kerala Risk Fund Scheme.

What did the court decide?

The writ petition is disposed of by keeping the possession proceedings in abeyance and directing the respondents to decide the application for benefit under the Kerala Risk Fund Scheme within one mont

Vijayalekshmi Vs the Manager, Kollam District… — Banking and Recovery | Kerala HC (2016)

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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 A.M.SHAFFIQUE

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MONDAY, THE 6TH DAY OF JUNE 2016/16TH JYAISHTA, 1938

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WP(C).No. 3950 of 2015 (P)

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PETITIONER(S):

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VIJAYALEKSHMI W/O.LATE L.MOHANAN,SREE BHAVANAM,KALLELIBHAGAM PO, KARUNAGAPPALLY,KOLLAM DISTRICT.

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BY ADVS.SMT.DAYA K. PANICKER SRI.P.R.SHAJI

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RESPONDENT(S):

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1. THE MANAGER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD. KOLLAM 691 001.

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2. DISTRICT JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM 691 001 3. REGISTRAR CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM 695 001.

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4. SECRETARY KERALA CO-OPERATIVE DEVELOPMENT WELFARE FUND BOARD,

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THIRUVANANTHAPURAM 695 001. R1 BY ADV. SRI.T.R.HARIKUMAR, SC, KOLLAM DISTRICT COOPERATIVE

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BANK LTD. R4 BY ADV. SRI.T.M.RAMAN KARTHA, SC, KERALA CO.OP.DEVP. AND

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WELFARE FUND BOARD(KCDWFB) R4 BY ADV. SRI.BRIJESH MOHAN, SC, KCDWFB BY GOVERNMENT PLEADER SMT.LILLY K.T. BY SRI.T.R.HARIKUMAR, SC, KOLLAM DISTRICT COOPERATIVE BANK

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LTD.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3950 of 2015 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 COPY OF THE DOCUMENT ISSUED BY THE BANK IN RESPECT OF SANCTIONING OF THE LOAN EXHIBIT P2 COPY OF THE DEATH CERTIFICATE EXHIBIT P3 COPY OF THE RATION CARD EXHIBIT P4 COPY OF THE POSSESSION NOTICE DATED 10/7/2014 EXHIBIT P5 COPY OF THE REPRESENTATION DATED 15/7/2014 EXHIBIT P6 COPY OF THE NEWS PUBLISHED IN MATHRUBHOOMI DAILY DATED 2/3/2014

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RESPONDENT(S)' EXHIBITS : NIL -----------------------

//TRUE COPY//

P.A.TO JUDGE

A.M. SHAFFIQUE, J.

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------------------------------------- W.P.(C) No.3950 of 2015

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Dated this the 6^th day of June, 2016

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JUDGMENT

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Petitioner challenges Ext.P4, a notice issued by the first respondent to take possession of the premises belonging to the defaulter, Sri.N.Mohanan. Petitioner is the wife of Sri.N.Mohanan, and seeks for benefit under the Kerala Risk Fund Scheme, 2008.

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It is submitted by the learned counsel for the petitioner that the original loanee Sri.N.Mohanan expired in 2004.

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As per the Kerala Risk Fund Scheme, if the loanee expires, the legal heirs has to file an application before the concerned Branch, and thereafter the application is to be processed. Taking into consideration the above said factual situation, I do not think that there is any necessity to interfere with Ext.P4, whereas proceedings under Ext.P4 can be kept in abeyance until the application of the petitioner and other legal

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W.P.(C) No.3950 of 2015

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-2-

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heirs to claim benefit under the Kerala Risk Fund Scheme, is finally decided.

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In the result, this writ petition is disposed as under:

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(i) Petitioner and the other legal heirs of

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Sri.N.Mohanan shall file necessary application before the District Co-operative Bank, Karunagappally Branch for benefit under the Kerala Risk Fund Scheme.

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(ii) On receipt of the said application, the District Cooperative Bank shall forward the same to the fourth respondent.

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(iii) On receipt of the said document, the fourth respondent shall consider the same and pass appropriate orders within a period of one month from the date of receipt of a copy of the application.

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(iv) Until such time the fourth respondent decides the matter, SARFAESI proceedings initiated in terms of Ext.P4 shall be kept in abeyance.

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Sd/-

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A.M. SHAFFIQUE JUDGE

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Scl/6.06.2016

Vijayalekshmi v. the Manager, Kollam District Co-Operative Bank

Case brief

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Vijayalekshmi v. the Manager, Kollam District Co-Operative Bank

Case brief

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