Disposed

Sindu Suresh v. Kannur Town Service Co-Operative Bank

Kerala HC26 Feb 2018WP(C)/2560/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by a loan borrower seeking mandamus for One Time Settlement. The Court directed the petitioner to submit an application under the specific bank scheme and ordered the bank to consider it strictly according to that scheme, extending the interim stay.

What did the court decide?

Court directed petitioner to submit application for One Time Settlement Scheme; bank to consider it; interim stay continued.

Sindu Suresh Vs Kannur Town Service… — 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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MONDAY, THE 26TH DAY OF FEBRUARY 2018 / 7TH PHALGUNA, 1939

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WP(C).No. 2560 of 2018

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PETITIONER :

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SINDU SURESH D/O.BHASKARAN, AGED 35 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-OP SOCIETY (GENERAL),KANNUR 670001

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R1 BY ADV. SMT.C.LEENA R2 & R2 BY SENIOR GOVERNMENT PLEADER SMT.C.S.SHEEJA

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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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bp 28/2/2018

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WP(C).No. 2560 of 2018 (T)

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APPENDIX

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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 2ND RESPONDENT EXHIBIT P2 COPY OF THE SALE NOTICE ISSUED BY THE 3RD RESPONDENT SALE OFFICER OF THE 1ST RESPONDENT BANK DATED 27.12.2017 EXHIBIT P3 COPY OF THE RECEIPT ISSUED FROM THE 1ST RESPONDENT BANK FOR DEPOSITING RS. 98,987/-

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

bp 28/2/2018

ANIL K.NARENDRAN, J.

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----------------------------------------------- W.P.(C).No.2560 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 her property having an extent₹ of 11.5 cents in R.S.No.24/2 of Pallikunnu amsom, Chalad 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.2560 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, she 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., Navakeraleeyam 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.2560 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

Sindu Suresh v. Kannur Town Service Co-Operative Bank

Case brief

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Sindu Suresh v. Kannur Town Service Co-Operative Bank

Case brief

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