Disposed

Jijo Alias v. the Kerala State Co-Operative Bank Ltd.

Kerala HC8 Jan 2021WP(C)/18/2021

Case brief

AI extract

What is this about?

The High Court observed that the Navakeraleeyam One Time Settlement Scheme was extended via Circular No.1/2021 until 31.03.2021. The Court directed the petitioner to approach the respondent Bank with a proposal under the extended scheme within ten days of receiving the judgment copy.

What did the court decide?

Directed the petitioner to approach the Bank with a proposal under the Navakeraleeyam One Time Settlement Scheme extended by Circular No.1/2021 within ten days.

Jijo Alias Vs the Kerala State Co-Operative Bank Ltd. — Banking and Recovery | Kerala HC (2021)

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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 DEVAN RAMACHANDRAN

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FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

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WP(C).No.18 OF 2021(B)

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PETITIONER:

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JIJO ALIAS, AGED 43 YEARS S/O. ALIAS, KUNNATHU THOPPIL HOUSE, RAMAMANGALAM, ERNAKULAM-686 663.

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SRI.SANTHOSH G. PRABHU SMT.N.U.DEEPA SMT.A.ASWATHY SRI.K.JANARDHANA SHENOY

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RESPONDENTS:

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1 THE KERALA STATE CO-OPERATIVE BANK LTD RAMAMANGALAM BRANCH (ERSTWHILE ERNAKULAM DISTRICT COOPERATIVE BANK) 2/348G, AYYAPPA TOWER, CHOONDI RAMAMANGALAM ROAD, CHOONDY, VADAYAMPADY P.O., KOCHI682 308, REPRESENTED BY ITS MANAGER.

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2 THE DEPUTY GENERAL MANAGER KERALA STATE CO-OPEATIVE BANK LTD., CREDIT PROCESSING CENTRE, ERNAKULAM, P.B.NO.4, KAKKANAD, KOCHI-682 030.

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ADDL. 3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.

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(IS SUO MOTU IMPLEADED AS PER ORDER DATED 05/01/2021)

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SRI. GILBERT GEORGE CORREYA - SC SRI. MUHAMMED HASHIM - SPL.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.18 OF 2021(B)

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JUDGMENT

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Dated this the 8th day of January 2021

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The petitioner has approached this Court with a limited

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plea that he be allowed to pay off the balance in the loan facility, availed of by him from the respondent – Bank, under the “Navakeraleeyam One Time Settlement Scheme”.

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When this matter was considered by me on 05.01.2021, Sri.Gilbert George Correya, the learned standing counsel for the Bank, submitted that his clients are unable to accede to the request of the petitioner because the last date for payment under the aforementioned Scheme expired on 31.12.2020; and, therefore, that unless the Registrar of Cooperative Societies specifically agree, they cannot allow the petitioner to make any payment under the said Scheme.

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Noticing the afore submission of Sri.Gilbert George Correya, I had suo motu impleaded the Registrar of Cooperative Societies, Thiruvananthapuram and had directed Sri.Mohammed Hashim, learned Government Pleader, to obtain instructions in this matter.

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Today, when this matter was called, Sri.Mohammed Hashim submitted that a new Circular, bearing No.1/2021, has been now issued, where under, the “Navakeraleeyam One

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WP(C).No.18 OF 2021(B)

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Time Settlement Scheme” has been extended until 31.03.2021. He submitted that the petitioner can, therefore, approach the respondent – Bank and avail the benefits under it, if he is so interested.

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On hearing the learned Government Pleader as afore, the learned standing counsel for the Bank also affirmed that since the Scheme has now been extended under the name “Navakeraleeyam One Time Settlement Scheme 2021”, the petitioner can approach the Bank and seek appropriate benefits under it.

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Taking note of the afore submissions, I order this writ petition and direct the petitioner to approach the Bank with an appropriate proposal under the “Navakeraleeyam One Time Settlement Scheme”, covered by Circular No.1/2021 issued by the Registrar of Co-operative Societies, within a period of ten days from the date of receipt of a copy of this judgment; in which event, the competent Authority of the Bank will consider the said proposal and communicate the resultant order thereon to the petitioner without any delay, but not later than one week thereafter.

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Sd/- DEVAN RAMACHANDRAN

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Stu

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JUDGE

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WP(C).No.18 OF 2021(B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 11.11.2020 SUBMITTED BY THE PETITIONER TO THE MINISTER OF CO-OPERATION. EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 16.11.2020 SUBMITTED THE PETITIONER TO THE MINISTER OF CO-OPERATION. EXHIBIT P3 TRUE COPY OF ORDER NO.R.CELL/348/98-99 DATED 15.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 19.12.2020 ISSUED BY THE IST RESPONDENT TO THE PETITIONER UNDER SECTION 13(2) OF THE SECURITIZATION & RECONSTRUCTION OF FINANCIAL ASSETS & ENFORCEMENT OF SECURITY INTEREST ACT, 2002.

Jijo Alias v. the Kerala State Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

Jijo Alias v. the Kerala State Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

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