Disposed

Abdul Khader T., v. the Manager

Kerala HC1 Feb 2019WP(C)/37830/2018

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sued for a one-time settlement of housing loan dues and stay on recovery proceedings. The Court disposed of the petition by directing the petitioner to approach the bank under the One Time Settlement Scheme and directing the bank to consider the request afford hearing and consolidate orders within specified timelines.

What did the court decide?

Directed the bank to consider the petitioner's request for One Time Settlement under Navakeraleeyam Kudisika Nivaranam-2019 after a hearing within one week.

Abdul Khader T., Vs the Manager — Contract and Commercial Disputes | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

FRIDAY,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940

¶5

WP(C).No. 37830 of 2018

¶6

PETITIONER:

¶7

ABDUL KHADER T., AGED 50 YEARS S/O MOHAMMED HAJI, THARUVARA HOUSE, KOTTUKARA, KONDOTTY, MALAPPURAM DISTRICT.

¶8

BY ADVS.

¶9

SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH

¶10

RESPONDENTS:

¶11

1 THE MANAGER, THE MALAPPURAM DISTRICT CO-OPERATIVE BANK HEAD OFFICE, P.B NO. 8 MALAPPURAM - 676 505,

¶12

2 THE AUTHORIZED OFFICER, THE MALAPPURAM DISTRICT CO-OPERATIVE BANK HEAD OFFICE, P.B NO. 8 MALAPPURAM - 676 505,

¶13

ADDL.R3 IMPLEADED

¶14

3 ADDL.R3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM-14. (ADDL.R3 IS SUO MOTU IMPLEADED AS PER THE ORDER DATED 14/12/2018)

¶15

BY ADV. SRI.I.V.PRAMOD

¶16

SMT C.S.SHEEJA, SENIOR GOVERNMENT PLEADER

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

W.P.(C)No.37830 of 2018 -2-

¶19

JUDGMENT

¶20

The petitioner who availed a housing loan for Rs.15 lakhs from the 1^st respondent District Co-operative Bank in the year 2014 by mortgaging his property having an extent of 45 cents in Re.survey No.116/13 of Nediyiruppu Amsom Desom has filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to provide one time settlement for the dues in respect of the loan transaction in question, by considering Ext.P1 representation. The petitioner has also sought for a writ of mandamus commanding the 1^st respondent to keep all recovery proceedings in abeyance till such time Ext.P1 representation dated 04.10.2018 is considered and disposed of.

¶21

On 22.11.2018, when this writ petition came up for admission, the learned Standing Counsel for Malappuram District Co-operative Bank, representing respondents 1 and 2, was directed to file a statement/counter affidavit.

¶22

A statement has been filed on behalf of respondents 1 and 2 by the learned Standing Counsel for the Bank.

¶23

W.P.(C)No.37830 of 2018

¶24

-3-

¶25

On 14.12.2018 when this writ petition came up for consideration, this Court passed the following order;

¶26

“The Registrar of Co-operative Societies, Jawahar Sahakarana Bhavan, DPI Junction, Thycaud P.O., Thiruvananthapuram-14 is suo motu impleaded as additional 3^rd respondent. The learned Special Government Pleader enters appearance for the additional 3^rd respondent. 2. The learned counsel for the petitioner to serve a copy of this writ petition along with the statement filed by the respondents to the learned Special Government Pleader today itself.

¶27

A statement has been filed on behalf of respondents 1 and 2, offering a rebate of Rs.2,01,788/-. The learned counsel would submit that it is not in compliance with the endorsement made by the Minister for Co-operation on Ext.P1 representation made by the petitioner.

¶28

The learned counsel for the petitioner to file reply affidavit, if any, within three weeks.

¶29

The learned Special Government Pleader to get instructions.”

¶30

Today when the case is taken up for consideration, the learned counsel for the petitioner would submit that the petitioner is prepared to settle the dues in respect of the loan transaction in question by availing the benefit under One Time Settlement Scheme, introduced vide Circular No.61/2018 dated

¶31

W.P.(C)No.37830 of 2018 -4-

¶32

26.11.2018 and Circular No.67/2018 dated 31.12.2018, of the Registrar of Co-operative Societies, i.e., Navakeraleeyam Kudisika Nivaranam- 2019.

¶33

The learned Standing Counsel for the District Cooperative Bank representing respondents 1 and 2 would submit that the request made by the petitioner for settlement of dues by availing the benefit of One Time Settlement Scheme currently in force shall be considered by the competent authority in the 1^st respondent Bank.

¶34

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

¶35

(i) Within one week from the date of receipt of a certified copy of this judgment, the petitioner shall approach the 1^st respondent Bank with a request to settle the dues in the loan account in question by availing the benefit under the One Time Settlement Scheme, namely, Navakeraleeyam Kudisika Nivaranam- 2019.

¶36

(ii) On such request being received, within the time

¶37

W.P.(C)No.37830 of 2018

¶38

-5-

¶39

limit specified as above, the competent authority in the 1^st respondent Bank shall consider the same and pass appropriate orders thereon with notice to the petitioner and after affording him an opportunity of being heard, within a further period of one week.

¶40

(iii) Based on the orders so passed, the petitioner shall pay off the entire dues, within the time limit specified in that order.

¶41

Sd/-

¶42

ANIL K. NARENDRAN

¶43

JUDGE

¶44

dsn

¶45

W.P.(C)No.37830 of 2018

¶46

-6-

¶47

APPENDIX

¶48

PETITIONER'S EXHIBITS:

¶49

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 04/10/18 WITH THE ENDORSEMENT OF THE MINISTER. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 15/10/2018 ISSUED BY THE JOINT REGISTRAR. EXHIBIT P3 TRUE COPY OF THE PASS BOOK OF THE PETITIONER.

¶50

RESPONDENTS' EXTS: NIL

Abdul Khader T., v. the Manager

Case brief

What is this about?

What did the court decide?

Abdul Khader T., v. the Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.P.Parameswaran Nair, Vs the Kerala State Road Transport Corporation

Abdul Assis M.I., Vs the Kerala State Road Transport Corporation

Sudha Lekshmi.M., Vs the Secretary

Anitha Vs the Special Sales Officer No.Iv

Yatheendradas.P Vs the Kerala State Co-Operative Election Commission

Abdul Salam Vs the Secretary, Regional Transport Authority Cum Regional Transport Officer