Disposed

Adv. K.v.James v. the Secretary

Kerala HC5 Mar 2018WP(C)/3426/2018

Case brief

AI extract

What is this about?

Petitioner seeking declaration against bank using name Bank and stay on recovery. Court directed petitioner to apply for One Time Settlement Scheme within one week; bank to consider application after notice. Sale stay extended till scheme decision.

What did the court decide?

Petitioner directed to apply for One Time Settlement; Bank to consider application after notice; sale on property stayed until decision on application.

Adv. K.v.James Vs the Secretary — Cooperative Societies | 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 5TH DAY OF MARCH 2018 / 14TH PHALGUNA, 1939

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WP(C).No. 3426 of 2018 ---------------------

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PETITIONER :

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ADV. K.V.JAMES, KADANTHOTTU HOUSE, SURYANAGAR EAST, POLINJAPALAM, ADIMALI P.O., -685565.

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BY ADV.SRI.K.V.JAMES (PARTY-IN-PERSON)

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RESPONDENTS :

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1. THE SECRETARY, DEVIKULAM TALUK CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.I-136, ADIMALI-685565.

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2. THE SECRETARY, KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., STATUE ROAD, PALAYAM, THIRUVANANTHAPURAM-695001.

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3. THE SPECIAL SECRETARY, DEPARTMENT OF CO-OPERATION, GOVT. OF KERALA, ROOM NO.376, GOVT. SECRETARIAT, STATUE, THIRUVANANTHAPURAM-695001.

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R1 & R2 BY ADV. SRI.GEORGE POONTHOTTAM BY ADV. SRI.P.CHANDY JOSEPH R3 BY SENIOR GOVERNMENT PLEADER SMT.C.S.SHEEJA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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bp 07/3/2018

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WP(C).No. 3426 of 2018 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	RBI CIRCULAR ON CO-OPERATIVE SOCIETIES USING THE TERM "BANK" AND DOING BANKING BUSINESS, PRESS RELEASE NO.2017-2018/1467 DATED 29.11.2017.
EXHIBIT P2	RBI CIRCULAR ON CO-OPERATIVE SOCIETIES USING THE TERM "BANK" AND DOING BANKING BUSINESS, PRESS RELEASE NO.2016-2017/3546 DATED 30.06.2017.
EXHIBIT P3	TRUE COPY OF THE HOUSE PURCHASE LOAN SANCTION LETTER DATED 30.06.2014 OF THE BANK.
EXHIBIT P4	TRUE COPY OF THE LOAN PASS BOOK GIVEN BY THE BANK.
EXHIBIT P5	TRUE COPY OF THE LETTER SENT BY THE BANK DATED 22.02.17 GIVING OFFER FOR ONE TIME SETTLEMENT (OTS).
EXHIBIT P6	TRUE COPY OF THE LETTER SENT TO THE BANK ON 3.5.2017.
EXHIBIT P7	TRUE COPY OF THE ACKNOWLEDGEMENT OF THE LETTER SENT TO THE BANK.
EXHIBIT P8	TRUE COPY OF THE LETTER GIVEN BY HAND TO THE BANK DATED 04.10.2017 EXPRESSING WILLINGNESS FOR OTS (ONE TIME SETTLEMENT).
EXHIBIT P9	TRUE COPY OF THE DEMAND NOTICE DATED 21.12.2017 RECEIVED ON 08.01.2018.
EXHIBIT P10	TRUE COPY OF THE PAPER ADVERTISEMENT IN MALAYALA MANORAMA DAILY DATED 26.01.2018.

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

ANIL K.NARENDRAN, J.

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----------------------------------------------- W.P.(C).No.3426 of 2018

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Dated this the 5^th day of March, 2018

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J U D G M E N T

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The petitioner, who availed a loan for 15,00,000/- from the 1₹ st respondent Bank under Loan Account No.KHHL.83/14-15 in the year 2014, has approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a declaration that the 1^st respondent Bank is illegally using the name “Bank” and to restrain them from using the name Bank, as it may mislead the customers. The further relief sought for is a writ of mandamus commanding respondents 2 and 3 to pass appropriate orders on Ext.P8 request made by the petitioner dated 04.10.2017, expressing his willingness for availing One Time Settlement Scheme, at the earliest and in the meantime to stay the recovery proceedings initiated against him.

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On 01.02.2018, when this writ petition came up for admission, this Court issued urgent notice on admission by speed post to the 1^st respondent, returnable on 19.02.2018. The learned Standing Counsel took notice on admission for the 2^nd respondent and the learned Senior Government Pleader took notice on admission for the 3^rd respondent.

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On 21.02.2018, this Court passed the following order :

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“Vide Circular No.6/2018 of the Registrar of Co-operative Societies dated 02.02.2018 " നവകകേരളളീയയം കേകൂടടിശടിഖ നടിവവാരണയം - 2018” , which is a one time settlement scheme, has already been formulated. A reading of the aforesaid Circular would show that the provisions under the said Scheme, with proper modification, can be made

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W.P.(C)No.3426 of 2018 :-2-:

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applicable to Agricultural and Rural Development Banks/Housing Co-operative Societies, after obtaining necessary approval from the Registrar of Co-operative Societies.

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2. The learned counsel appearing for the 2^nd respondent State Cooperative Agricultural and Rural Development Bank and also the learned counsel appearing for the 1^st respondent Taluk Cooperative Agricultural and Rural Development Bank to get instructions as to whether the Scheme formulated under Circular No.6/2018 has already been extended to the Agricultural and Rural Development Banks.

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3. The sale of the property, which is scheduled to be held on 23.02.2018 as per Ext.P10 sale notice (Serial No.22), shall be deferred for a period of one week.”

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Today when the case is taken up for further consideration, it is submitted by the learned counsel for the 1^st respondent Bank and also the learned counsel for the 2^nd respondent Bank that the One Time Settlement Scheme, i.e., Navakeraleeyam Kudisika Nivaranam - 2018 has been extended to the Agricultural and Rural Development Banks and the benefit under the said Scheme can be availed up to 25.03.2018.

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The petitioner, who appears in person, would submit that he wants to avail the benefit of Navakerleeyam Kudisika Nivaranam -2018, which has now been extended to the 1^st respondent Bank also. The petitioner would submit that he shall make a proper application before the 1^st respondent Bank within one week from this date for availing the said benefit and the 1^st respondent Bank may be directed to consider that application, in terms of the provisions under the said Scheme.

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W.P.(C)No.3426 of 2018

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:-3-:

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In such circumstances, without going into the merits of the rival contentions, this writ petition is disposed of as follows :

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Within one week from this date, the petitioner shall submit an application before the 1^st respondent Bank, along with supporting materials, to avail the benefit of the One Time Settlement Scheme, i.e., Navakeraleeyam Kudisika Nivaranam-2018, for settling the dues in respect of loan account No.KHHL.83/14-15.

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If any such application is received within the aforesaid time, the 1^st respondent shall consider the same and pass appropriate orders thereon, in terms of the aforesaid Scheme with notice to the petitioner and after affording him an opportunity of being heard.

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The interim order granted by this Court on 21.02.2018 to the effect of staying the sale scheduled to be held on 23.02.2018 as per Ext.P10 sale notice (Serial No.22) will stand revived and extended till 25.03.2018 or till a decision is taken by the 1^st respondent Bank on the application made by the petitioner for One Time Settlement, whichever is earlier.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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AV/6/3

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//True copy//

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P.A. to Judge

Adv. K.v.James v. the Secretary

Case brief

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Adv. K.v.James v. the Secretary

Case brief

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