Allowed

Kakko P R v. the Manager, Ernakulam District Co-Operative Bank Limited

Kerala HC20 Feb 2018WP(C)/2729/2018

Case brief

AI extract

What is this about?

The High Court of Kerala, in this writ petition, directed the respondent Bank to consider the petitioner's application for one-time settlement under Circular No.6/2018 of the Registrar of Co-operative Societies, without delving into the merits of the case.

What did the court decide?

Directed the respondent Bank to consider the Ext.P2 application for one-time settlement in terms of Circular No.6/2018 within six weeks after giving notice and opportunity of hearing.

Kakko P R Vs the Manager, Ernakulam District… — 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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TUESDAY, THE 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939

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WP(C).No. 2729 of 2018

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PETITIONER(S)

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KAKKO P R, S/O. RAPHEL, AGED 70 YEARS, PATTALATHU HOUSE, KANNAMALY P.O., KOCHI - 682 008.

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BY ADV.SRI.C.K.RAMAKRISHNAN

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RESPONDENT(S):

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THE MANAGER, THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., THOPPUMPADY BRANCH, PIN - 682 005, ERNAKULAM.

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BY SRI.N.RAGHURAJ, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2729 of 2018 (M) --------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 22.12.2014 ISSUED BY THE RESPONDENT BANK.

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EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 10.01.2018 BY THE PETITIONER TO THE RESPONDENT BANK.

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RESPONDENT(S)' EXHIBITS - NIL

/TRUE COPY/

PS TO JUDGE

TS 24/02/2018

ANIL K.NARENDRAN, J.

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W.P.(C).No.2729 of 2018

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Dated this the 20^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 for 2,00,000/- from the₹ respondent Bank, has approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 notice dated 22.12.2014 and for a writ of mandamus commanding the respondent Bank to take a decision on Ext.P2 application dated 10.01.2018 for one time settlement.

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Heard the learned counsel for the petitioner and also the learned Standing Counsel for the respondent Bank.

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The learned Standing Counsel for the respondent Bank would submit that in view of the One Time Settlement Scheme formulated vide Circular No.6/2018 of the Registrar of Co-operative Societies dated 02.02.2018, the respondent Bank shall consider Ext.P2 application made by the petitioner and pass appropriate orders thereon, within a time limit to be specified by this Court.

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In such circumstances, without going into the merits of the contentions raised by the petitioner, this writ petition is disposed of by directing the respondent Bank to consider Ext.P2 application made by the petitioner for One Time Settlement, in terms of Circular No.6/2018 of the Registrar of Co-operative Societies dated 02.02.2018. A decision in this regard shall be taken, strictly in accordance with law, with notice

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W.P.(C)No.2729 of 2018

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:-2-:

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to the petitioner and after affording him an opportunity of being heard, as expeditiously as possible, at any rate, within a period of six weeks from the date of production of a certified copy of this judgment, along with a copy of this writ petition.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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Kakko P R v. the Manager, Ernakulam District Co-Operative Bank Limited

Case brief

What is this about?

What did the court decide?

Kakko P R v. the Manager, Ernakulam District Co-Operative Bank Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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