This writ petition involved debt recovery proceedings against petitioners. The court directed them to approach the bank for One Time Settlement benefits and ordered the bank to consider the request.
Petitioners directed to approach bank for One Time Settlement; bank directed to consider request and pass orders.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 21ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943 WP(C) NO. 2180 OF 2022
PETITIONERS:
1 NAJEEM AGED 46 YEARS S/O.SHAMSUDEEN, PALLIKIZHAKKATHIL, NEDUMPANA P.O., KOLLAM DISTRICT - 691 576. 2 SHIBINA AGED 40 YEARS W/O.NAJEEM, PALLIKIZHAKKATHIL, NEDUMPANA P.O., KOLLAM DISTRICT - 691 576. BY ADVS. M.KIRANLAL MANU RAMACHANDRAN R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR V.M.VISHNU MOHAN GEETHU KRISHNAN HARSHA SUSAN SAM
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM - 695 014.
2 JOINT REGISTRAR (GENERAL) CO-OPERATIVE DISTRICT LEVEL COMMITTEE, CIVIL STATION, KOLLAM - 691 013.
3 THE SECRETARY/DEPUTY REGISTRAR S.N.V. REGIONAL CO-OPERATIVE BANK LTD.NO.1685, PARAVUR P.O., KOLLAM - 691 301.
BY ADV B.SURESH KUMAR SR.G.P SMT. RESMI.K.M
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = W.P.(C) No.2180 of 2022
= = = = = = = = = = = = = = = = = = Dated this the 21st day of February, 2022
J U D G M E N T
The petitioners are faced with recovery proceedings
consequent on failure to repay the debt due to the Bank under their loan accounts. The petitioners seek for a reasonable facility to repay the loan account.
(i)The petitioners shall approach the third
respondent Bank at 11.00 am on 28.02.2022 and submit application seeking benefit of the One Time Settlement
W.P.(C) No.2180 of 2022
scheme.
(ii)The Bank shall consider the request and pass appropriate orders thereon, in accordance with the Scheme, on or before 05.03.2022.
(iii)If the petitioner fails to avail the benefit of one time settlement scheme and settle the liability
in terms thereof, the proceedings for recovery as is now initiated can continue.
Sd/-
SATHISH NINAN JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 2180/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENTS INTIMATING THE MEASURING OUT OF PROPERTY.
1 issue framed by the court
Whether the petitioners seeking reasonable facility to repay loan debts can avail One Time Settlement scheme.
NAJEEM
SHIBINA
THE REGISTRAR OF CO-OPERATIVE SOCIETIES
JOINT REGISTRAR (GENERAL)
THE SECRETARY/DEPUTY REGISTRAR S.N.V. REGIONAL CO-OPERATIVE BANK LTD
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
