Disposed

P.S.Suresh Kumar v. Kannur Town Service Co-Operative Bank

Kerala HC26 Feb 2018WP(C)/2559/2018

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition seeking a mandamus to grant One Time Settlement. The court directed the petitioner to apply for the scheme via the bank and allowed the interim stay for three weeks to facilitate this process.

What did the court decide?

Directed the petitioner to apply for One Time Settlement; directed the bank to consider it within one week; extended interim stay for three weeks.

P.S.Suresh Kumar Vs Kannur Town Service Co-Operative Bank — Consumer Protection | 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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MONDAY, THE 26TH DAY OF FEBRUARY 2018 / 7TH PHALGUNA, 1939

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WP(C).No. 2559 of 2018

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PETITIONER:

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P.S. SURESH KUMAR,

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S/O PRABHAKARAN, AGED 40 YEARS, SREEDANAM, NEAR KUNNAV L.P. SCHOOL, PALLIKUNNU AMSOM DESOM, KANNUR.

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BY ADV.SRI.SACHIN VYAS

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RESPONDENTS:

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1. KANNUR TOWN SERVICE CO-OPERATIVE BANK, KANNUR 670002, REPRESENTED BY ITS SECRETARY.

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2. JOINT REGISTRAR (GENERAL), OFFICE OF THE CO-OPERATIVE SOCIETIES (GENERAL), KANNUR 670002.

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3. SPECIAL SALE OFFICER, KANNUR TOWN SERVICE CO-OPERATIVE BANK, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL), KANNUR 670001.

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R1 BY ADV. SMT.C.LEENA R2 & R3 BY SR. GOVERNMENT PLEADER SRI.K.P.HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2559 of 2018 (T)

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 COPY OF THE EXPARTE AWARD DATED 12.01.2016 PASSED BY THE SECOND RESPONDENT EXHIBIT P2 COPY OF THE SALE NOTICE ISSUED BY THE THIRD RESPONDENT SALE OFFICER OF THE FIRST RESPONDENT BANK DATED 27.12.2017 EXHIBIT P3 COPY OF THE RECEIPT ISSUED FROM THE FIRST RESPONDENT BANK FOR DEPOSITING RS.98,987/-

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RESPONDENT(S)' EXHIBITS

NIL

TRUE COPY

P.S. TO JUDGE

28.2.2018

ANIL K.NARENDRAN, J.

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W.P.(C).No.2559 of 2018

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Dated this the 26^th day of February, 2018

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J U D G M E N T

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The petitioner, who availed a loan from the 1^st respondent Bank for 30,00,000/- by mortgaging undivided 2/3₹ rd share of his property having an extent of 13.5 cents in R.S.No.3 of Pallikunnu amsom desom, has approached this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent to grant the benefit of One Time Settlement facility and to grant easy instalments after waving the interest and penal interest.

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On 24.01.2018, when this writ petition came up for admission, this Court issued urgent notice on admission by speed post to respondents 1 and 3. The learned Senior Government Pleader took notice for the 2^nd respondent. This Court has also granted an interim stay of all further proceedings pursuant to Ext.P1 award and Ext.P2 sale notice for a period of one month, on condition that the petitioner deposits a sum of 4,00,000/- with the 1₹ st respondent Bank within a period of two weeks.

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Heard the learned counsel for the petitioner, the learned counsel for the 1^st respondent Bank and also the learned Senior Government Pleader appearing for the 2^nd respondent Joint Registrar.

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W.P.(C).No.2559 of 2018

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The learned counsel for the 1^st respondent Bank would submit that in terms of the interim order of this Court dated 24.01.2018, the petitioner has deposited a sum of 4,00,000/- with₹ the 1^st respondent Bank, though belatedly. The learned counsel would also submit that, if the petitioner is prepared to avail the benefit of the One Time Settlement Scheme, he can make a proper application before the 1^st respondent Bank and if any such application is received, the Bank shall consider the same and pass appropriate orders thereon, in accordance with that Scheme.

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The learned counsel for the petitioner would submit that the petitioner shall submit an application to avail the benefit under the One Time Settlement Scheme.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions :

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Within one week from the date of receipt of a certified copy of this judgment, the petitioner shall submit an application before the 1^st respondent Bank claiming the benefit of the One Time Settlement Scheme, i.e., Navakeralyeeyam Kudisika Nivaranam-2018, issued vide Circular No.6/2018 dated 02.02.2018 of the Registrar of Co-operative Societies.

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W.P.(C).No.2559 of 2018

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If any such application is made by the petitioner, in terms of the One Time Settlement Scheme formulated under Circular No.6/2018, the 1^st respondent Bank shall consider the same and pass appropriate orders thereon, strictly in accordance with that Scheme. A decision in this regard shall be communicated to the petitioner within one week, thereafter.

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The interim order granted by this Court dated 24.01.2018 shall continue for a period of three weeks, so as to enable the petitioner to avail the benefit under the aforesaid Scheme.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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AV/27/2

P.S.Suresh Kumar v. Kannur Town Service Co-Operative Bank

Case brief

What is this about?

What did the court decide?

P.S.Suresh Kumar v. Kannur Town Service Co-Operative Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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