Disposed

Reena v. Kuriachira Service Co-Operative Bank

Kerala HC27 Feb 2018WP(C)/2785/2018

Case brief

AI extract

What is this about?

In a writ petition under Article 226 seeking to quash a sale notice and directing issuance of an arbitral award, the High Court of Kerala directed the petitioner to apply for the One Time Settlement Scheme and the respondents to consider the application and issue the requested award.

What did the court decide?

Direction to petitioner to apply for One Time Settlement Scheme; direction to Bank to consider it within two weeks; interim stay continues; direction to Assistant Registrar to issue certified copy of

Reena Vs Kuriachira Service Co-Operative Bank — Banking and Recovery | 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 27TH DAY OF FEBRUARY 2018 / 8TH PHALGUNA, 1939

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WP(C).No. 2785 of 2018

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PETITIONER:

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REENA, W/O LATE RONY, CHIRAVALLUR HOUSE, NADATHARA, THRISSUR.

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BY ADV.SMT.S.MUMTAZ

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RESPONDENT(S):

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1. KURIACHIRA SERVICE CO-OPERATIVE BANK, REP. BY ITS SECRETARY, KURIACHIRA, THRISSUR, PIN - 680 006.

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2. THE SPECIAL SALE OFFICER, KURIACHIRA SERVICE CO-OPERATIVE GROUP, OFFICE OF THE ASST. REGISTRAR OF CO-OP SOCIETIES, THRISSUR, PIN - 680 006.

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3. ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASST. REGISTRAR OF CO-OP SOCIETIES OLLUR UNIT, THRISSUR, PIN - 680 006. R1 BY ADV. SRI.RANJITH XAVIER R2 & R3 BY SENIOR GOVERNMENT PLEADER SRI.K.P.HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 2785 of 2018 (W)

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APPENDIX

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PETITIONERS' ------------	EXHIBITS: ---------
EXHIBIT P1	TRUE COPY OF THE DEMAND NOTICE ISSUED ON THE PETITIONER DATED 7/11/2016.
EXHIBIT P2	TRUE COPY OF THE REQUEST LETTER DTD 15/11/2016.
EXHIBIT P3	TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 13/12/2016.
EXHIBIT P4	TRUE COPY OF SALE NOTICE DATED 19/1/2018.
EXHIBIT P5	TRUE COPY OF REQUEST LETTER.
RESPONDENTS' ------------	EXHIBITS: NIL ---------
		/TRUE COPY/
		P.S.TO JUDGE

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mbr/ 03.03.2018.

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ANIL K. NARENDRAN, J.

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W.P(C) No. 2785 of 2018

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Dated this the 27^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 3,50,000/-₹ from the 1^st respondent Bank in the year 2006 by mortgaging the property having an extent of 20 cents in Survey No.321/1 of Nadathara Village in Thrissur Taluk covered by Sale Deed No.2142/2006 of Sub Registry Office, Thrissur, is before this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P4 sale notice dated 19.1.2018 issued by the 2^nd respondent Special Sale Officer and seeking a writ of mandamus commanding the 3^rd respondent Assistant Registrar to issue certified copy of the award in Arbitration Case No.2953/2011 expeditiously.

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On 25.1.2018, when this writ petition came up for admission, this Court issued urgent notice on admission by speed post to respondents 1 and 2,

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W.P(C) No. 2785 of 2018 2

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returnable within three weeks. The learned Senior Government Pleader took notice on admission for the 3^rd respondent. This Court has granted an interim stay of all further proceedings pursuant to Ext.P4 sale notice for a period of one month on condition that the petitioner deposits a sum of 1 lakh with the 1₹ st respondent within a period of two weeks.

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On 23.2.2018 when this writ petition came up for further consideration, it was submitted by the learned counsel for the 1^st respondent Bank that the petitioner has already deposited 1 lakh in terms of the interim₹ order of this Court dated dated 25.1.2018. The learned counsel has also submitted that if the petitioner is interested, he can avail the benefit of One Time Settlement under 'Navakeraleeyam Kudisika Nivaranam, 2018. The learned counsel for the petitioner sought time to get instructions and accordingly the matter is listed today for further consideration.

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The learned counsel for the 1^st respondent Bank on instructions would submit that the total amount

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W.P(C) No. 2785 of 2018

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outstanding in respect of the loan transaction in question as on 31.1.2018 comes to 9,50,171/-, out of which the₹ petitioner has already remitted 1 lakh. If the petitioner₹ is opting for One Time Settlement Scheme, the total liability would come to 7,17,262/- (approximately), out of₹ which the petitioner has already remitted 1 lakh.₹

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The learned counsel for the petitioner would submit that the petitioner shall make application before the 1^st respondent Bank claiming the benefit under the One Time Settlement Scheme and that, the 3^rd respondent Assistant Registrar may be directed to furnish a copy of the award in Arbitration Case No.2953/2011.

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The learned Senior Government Pleader would submit that the 3^rd respondent Assistant Registrar shall issue a certified copy of the award in Arbitration Case No.2953/2011, within one week.

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

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i) Within one week from the date of receipt of a certified copy of the judgment, the

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W.P(C) No. 2785 of 2018

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petitioner shall make an application before the 1^st respondent Bank for One Time Settlement Scheme under “Navakeraleeyam Kudisika Nivaranam, 2018”.

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ii) If any such an application is made by the petitioner, claiming the benefit of One Time Settlement, the 1^st respondent Bank shall consider the same and pass appropriate orders thereon, strictly in terms of the aforesaid Scheme, within two weeks thereafter. Till such a decision is taken, the order of stay granted by this Court on 25.1.2018 shall continue to be in force.

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iii) If Ext.P2 application made by the petitioner is still pending consideration, the 3^rd respondent shall issue a certified copy of the award in A.R.C.No.2953/2011 to the petitioner within a period of one week from the date of receipt of a certified copy of this judgment.

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Sd/-

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ANIL K. NARENDRAN JUDGE

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Reena v. Kuriachira Service Co-Operative Bank

Case brief

What is this about?

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Reena v. Kuriachira Service Co-Operative Bank

Case brief

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