Petitioner sued under Article 226 to permit remitting a One Time Settlement loan balance in monthly instalments. The Court held the petitioner failed to meet the scheme's deadline, disentitling him to benefits, and dismissed the writ as an abuse of process.
The writ petition is dismissed as an abuse of process; no order as to costs.
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 ANIL K.NARENDRAN
FRIDAY,THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940
WP(C).No. 12141 of 2018
PETITIONER:
JAMSHEER V.P., KODAMPATTIL HOUSE, KUNNAMANGALAM, KOZHIKODE-673 001.
BY ADV. SMT.VIJAYAKUMARI
RESPONDENTS:
1 CALICUT CITY CO-OPERATIVE BANK REPRESENTED BY ITS GENERAL MANAGER, CHALAPPURAM, KOZHIKODE-673 001.
2 THE MANAGER, CALICUT CITY CO-OPERATIVE BANK, CHELAVOOR BR., CHELAVOOR, KOZHIKODE-673 001.
BY ADVS.SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who availed a loan for Rs.30,00,000/-
from the 1st respondent Co-operative Bank, which is a
Society registered under the Kerala Co-operative Societies Act, 1969 and the Rules made thereunder, has filed this writ petition under Article 226 of the Constitution of India, seeking an order directing the respondents to consider the request made in Ext.P3 and allow him to remit the balance settlement amount by way of two equal monthly instalments, along with interest.
show that the petitioner, who availed a loan for Rs.30,00,000/- from the respondent Society, on 04.02.2015, committed default in repayment of the loan amount. In
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connection with Navakeraleeyam Kudissika Nivaranam-2018, a One Time Settlement Scheme brought in terms of Circular No.6/2018 dated 02.02.2018 issued by the Registrar of Co-operative Societies, the petitioner was asked to pay off the dues as per Ext.P1 calculation statement. By extending the benefit under the OTS Scheme, the petitioner was asked to remit the closing amount mentioned therein amounting to Rs.41,00,000/- on or before 15.03.2018. In terms of the conditions stipulated in Circular No.6/2018, the petitioner was bound to remit the entire dues on or before 15.03.2018 in order to avail the benefit of that Scheme. Instead of remitting Rs.41,00,000/- on or before 15.03.2018, the petitioner remitted a sum of Rs.4,10,000/- on 15.03.2018, which is evident from Ext.P2. Now the petitioner is before this Court in this writ petition to remit the balance amount in terms of Ext.P1 calculation statement in two monthly instalments, as sought for in Ext.P3 representation.
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Co-operative Societies would make it explicitly clear that the benefit of that settlement and closure of the loan account by remitting the closing amount mentioned in Ext.P1 calculation statement can be availed only if such remittance is made on or before 15.03.2018. Admittedly, the petitioner has not remitted the closing amount of Rs.41,00,000/- on or before 15.03.2018. Instead he has chosen to make a remittance of only Rs.4,10,000/-, on 15.03.2018, as evident from Ext.P2 receipt. The conduct of the petitioner in not remitting the closing amount mentioned in Ext.P1 calculation statement on or before 15.03.2018 disentitles him from claiming any benefit under the One Time Settlement Scheme, viz., Navakeraleeyam Kudissika Nivaranam-2018.
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process of court, which can only be dismissed.
is accordingly dismissed.
No order as to costs.
Sd/-
ANIL K.NARENDRAN
JUDGE
bpr
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF ONE TIME SETTLEMENT STATEMENT ISSUED BY THE RESPONDENT.
EXHIBIT P2 COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DATED 15/03/2018.
EXHIBIT P3 COPY OF LETTER SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the petitioner is entitled to avail the One Time Settlement Scheme benefits by remitting the balance loan amount in monthly installments after missing the statutory deadline.
Jamsheer V.P.
Calicut City Co-operative Bank
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
