Disposed

Omana Syriac, v. the Authorized Officer

Kerala HC13 Jan 2020WP(C)/24/2020

Case brief

AI extract

What is this about?

The Court directed the petitioner to apply for One Time Settlement within one week. Upon receipt of such application, the Bank is to consider the claim with reasonable hearing within two weeks, subject to applicable norms.

What did the court decide?

The petitioner is to apply for One Time Settlement within one week; the Bank must decide within two weeks of receiving the application after hearing.

Omana Syriac, Vs the Authorized Officer — Banking and Recovery | Kerala HC (2020)

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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 ALEXANDER THOMAS

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MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941

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WP(C).No.24 OF 2020(C)

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PETITIONER:

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OMANA SYRIAC, AGED 54 YEARS W/O.LATE SYRIAC MATHEW, VELLARINGATTU HOUSE, KUDAYATUR, KOOVAPPALLI P.O., IDUKKI DISTRICT. BY ADV. SRI.T.K.VIPINDAS

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RESPONDENTS:

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1 THE AUTHORIZED OFFICER, THODUPUZHA URBAN CO-OPERATIVE BANK LTD., P.O.THODUPUZHA, IDUKKI DISTRICT, PIN - 685 584.

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2 THODUPUZHA URBAN CO-OPERATIVE BANK LTD., P.O.THODUPUZHA, IDUKKI DISTRICT REPRESENTED BY ITS MANAGER, PIN - 685 584.

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3 BASIL BABU, ADVOCATE, (ADVOCATE COMMISSIONER) THODUPUZHA, THODUPUHA P.O., IDUKKI DISTRICT, PIN - 685 584.

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4 THE STATION HOUSE OFFICER, KANJAAR POLICE STATION, IDUKKI DISTRICT, PIN - 685 590.

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5 THE STATION HOUSE OFFICER, VANDANMEDU POLICE STATION, IDUKKI DISTRICT, PIN - 685 551.

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R1-2 BY ADV. SRI.ATHUL SHAJI

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OTHER PRESENT:

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SRI.JESTIN MATHEW, GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No. 24 of 2020

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ALEXANDER THOMAS, J.

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=========================

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WP(C).NO. 24 of 2020

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=========================

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Dated this the 13^th day of January, 2020

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J U D G M E N T

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The prayers in the above Writ Petition (Civil) are as follows:

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“(i) Issue a Writ in the nature of Certiorari calling for the records leading to Ext.P3 order and quash the same as illegal.

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(ii) Issue a Writ in the nature of Mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to issue notice regarding the date and time of taking physical possession of the secured assets pursuant to Exhibit P3 order.

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(ii) Allow the Writ petition with costs.

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(iv) Grant such other further reliefs which the Hon'ble Court may be pleased to direct in the facts and circumstances of the case.”

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Heard Sri. T.K. Vipin Das learned counsel appearing

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for the petitioner, Sri.Athul Shaji learned Counsel appearing for respondent Nos 1 & 2, (Thodupuzha Urban co-operative Bank Ltd), and Sri.Jestin Mathew, learned Government Pleader appearing for official respondent No. 4 & 5.

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Sri.Athul Shaji, learned counsel appearing for respondent Nos 1 and 2 (Thodupuzha Urban Co-operative Bank Ltd), would submit that the total outstanding dues, which is to be cleared for closure of loan account as on today (13.01.2020) is Rs. 1,78,30,000/- and that the respondent bank is prepared to consider the benefit of one time settlement (OTS) scheme to the

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WPC No. 24 of 2020

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petitioner, if requisite application is made by him within one week and if one time settlement is granted, the above said figure would be around as Rs. 1,51,61,320/- as on today, etc.

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The learned counsel for the petitioner submits on the basis of instructions that the petitioner would immediately submit the requisite application before the competent authority among respondent Nos. 1 and 2 for granting him the benefit of one time settlement (scheme), in respect of the above said loan transaction along with supporting materials, within a period of one week from the date notified for receiving certified copy of this judgment and in case of receipt of such application, the competent Officer of the respondents bank will after affording reasonable opportunity being heard to the petitioner, will render a consideration thereon without much delay, preferably within a period of two weeks therefrom and the said claim of the petitioner for extending the benefit of one time settlement scheme may be considered as per the applicable norms. All issues are left open.

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With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.

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(Sd/-)

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ALEXANDER THOMAS JUDGE

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WPC No. 24 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENTS AS PER SECTION 13(2) OF HE SARFAESI ACT DATED NIL. EXHIBIT P2 TRUE COPY OF THE M.C.NO.148/2019. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 3/8/2019 IN MC 148/2019 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE, THODUPUZHA.

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// True Copy // PA To Judge

Omana Syriac, v. the Authorized Officer

Case brief

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Omana Syriac, v. the Authorized Officer

Case brief

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