Dismissed

Iqbal v. Thrissur Serivce Co-Operative Bank Ltd.

Kerala HC21 Feb 2018WP(C)/2476/2018

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking quashing of sale notices and permission for installment payment. The petitioner withdrew the petition without prejudice to his right to avail the 'Navakeraleeyam Kudisika Nivaranam' one-time settlement scheme.

What did the court decide?

The writ petition is dismissed as withdrawn. The petitioner is allowed to approach the bank for one-time settlement.

Iqbal Vs Thrissur Serivce Co-Operative Bank… — Contract and Commercial Disputes | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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WEDNESDAY, THE 21ST DAY OF FEBRUARY 2018 / 2ND PHALGUNA, 1939

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WP(C).No. 2476 of 2018 ----------------------

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PETITIONER

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IQBAL, S/O. KUNJIMUHAMMED, PUTHIYAVEETTIL HOUSE, ENGANDIYOOR VILLAGE, CHAVAKKAD, THRISSUR DISTRICT. BY ADVS.SMT.P.B.WAHIDA SMT.C.SEENA

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RESPONDENT(S):

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1. THRISSUR SERIVCE CO-OPERATIVE BANK LTD. NO. R.1097, MAIN BRANCH, THRISSUR, PIN 680 003, REPRESENTED BY ITS SECRETARY.

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2. THE SPECIAL SALE OFFICER, KURIYACHIRA S.C.B GROUP, ASSISTANT REGISTRAR [GENERAL] OFFICE, AYYANTHOLE, THRISSUR 680 003.

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R1 BY ADVS. SRI.A.D.RAVINDRA PRASAD SRI.ALEX VARGHESE

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R2 BY SENIOR GOVERNMENT PLEADER SMT S.C.SHEEJA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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24.02.2018

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ANIL K.NARENDRAN, J.

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W.P.(C).No.2476 of 2018

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Dated this the 21^st day of February, 2018

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J U D G M E N T

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The petitioner, who bidded three chits conducted by the 1^st respondent Bank, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exts.P1(a), P1(b) and P1(c) sale notices issued by the 2^nd respondent Special Sale Officer and seeking an order permitting him to clear the entire arrears in 15 equal monthly installments.

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On 23.01.2018, when this writ petition came up for admission, this Court issued urgent notice on admission by speed post to respondents 1 and 2. This Court has also granted an interim stay of all further proceedings pursuant to Exts.P1(a), P1(b) and P1(c) for a period of one month, on condition that the petitioner deposits a sum of 4 lakhs with the 1₹ st respondent within a period of two weeks.

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The total amount demanded in Exts.P1(a), P1(b) and P1(c) would come to 25,00,900/-. In terms of the order of this Court₹ dated 23.01.2018, the petitioner could remit only a sum of ₹90,000/-. By order the dated 14.02.2018, I.A.No.2665 of 2018 filed by the petitioner seeking extension of time was allowed by this Court, by extending the time limit to remit the balance amount of ₹3,10,000/- up to 21.02.2018. The petitioner did not remit the amount within the extended time.

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W.P.(C).No.2476 of 2018

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Today, when the case is taken up for further consideration, it is submitted by the learned counsel for the petitioner that the petitioner may be permitted to withdraw this writ petition, without prejudice to his right to approach the 1^st respondent Bank for one time settlement under the "Navakeraleeyam Kudisika Nivaranam - 2018”, issued by the Registrar of Co-operative Societies vide Circular No.6/2018 dated 02.02.2018.

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The learned counsel for the 1^st respondent Bank would submit that if the petitioner makes an application for one time settlement under Circular 6/2018, the same shall be dealt with in terms of the said scheme.

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In such circumstances, without prejudice to the right, if any, of the petitioner to avail the benefit of one time settlement under the aforesaid scheme, this writ petition is dismissed as withdrawn.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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Iqbal v. Thrissur Serivce Co-Operative Bank Ltd.

Case brief

What is this about?

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Iqbal v. Thrissur Serivce Co-Operative Bank Ltd.

Case brief

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