Disposed

Anilkumar v. Kerala State Co-Operative Bank Ltd.

Kerala HC11 Feb 2022WP(C)/3215/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, who defaulted on a credit facility, sought an extension for paying the One Time Settlement amount utilized under the Bank's 'Nava Keraleeyam' scheme. The Court ordered the petitioner to pay the outstanding amount within the extended validity period of the scheme.

What did the court decide?

The petitioner shall pay the settlement amount within the validity period of the 'Nava Keraleeyam' scheme extended to 31.03.2022.

Anilkumar Vs Kerala State Co-Operative Bank Ltd. — Banking and Recovery | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶4

FRIDAY, THE 11^TH DAY OF FEBRUARY 2022 / 22ND MAGHA, 1943 WP(C) NO. 3215 OF 2022

¶5

PETITIONER:

¶6

ANILKUMAR AGED 40 YEARS S/O. INDIRA, AJI VILASOM, VILAKKUPARA P.O., KOLLAM-691312.

¶7

BY ADV R.KRISHNAKUMAR (CHERTHALA)

¶8

RESPONDENT:

¶9

KERALA STATE CO-OPERATIVE BANK LTD., YEROOR BRANCH, YEROOR P.O., KOLLAM DISTRICT-691312, REP. BY ITS BRANCH MANAGER.

¶10

SR.G.P SRI BIMAL.K.NATH.

¶11

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶12

SATHISH NINAN, J.

¶13

= = = = = = = = = = = = = = = = = = W.P.(C) No.3215 of 2022

¶14

= = = = = = = = = = = = = = = = = = Dated this the 11^th day of February, 2022

¶15

J U D G M E N T

¶16

Repayment of the credit facility availed by the petitioner from the respondent Bank was defaulted. As per Ext.P6, the petitioner was offered the benefit of the “Nava Keraleeyam” One time Settlement Scheme. As per Ext.P6 settlement, an amount of ` 8,25,000/- was to be paid before 05.01.2022. However, the petitioner was not able to pay the amount within the time stipulated.

¶17

At the request of the petitioner, the Bank has extended the period for payment of the OTS amount up to 31.01.2022. Ext.P9 is the communication issued in the

¶18

said regard. The petitioner seeks for further time for payment of the amounts.

¶19

The “Nava Keraleeyam” One Time Settlement Scheme presently stands extended up to 31.03.2022. The benefit

¶20

of such extension is liable to be extended to the petitioner also.

¶21

W.P.(C) No.3215 of 2022

¶22

-: 2 :-

¶23

Accordingly it is ordered that, the petitioner

¶24

shall pay the amount as mentioned in Ext.P6, within the period of validity of the “Nava Keraleeyam” One Time Settlement Scheme, towards closure of the facility.

¶25

Writ Petition is disposed of as above.

¶26

Sd/-

¶27

SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 3215/2022

¶32

PETITIONER EXHIBITS

¶33

Exhibit	P1 A TRUE COPY OF THE RELEVANT EXTRACT OF THE CASE SUMMARY OF ANANDAN DATED 23.8.2012.
Exhibit	P2 A TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATH DATED 19.3.2019.
Exhibit	P3 A TRUE COPY OF THE TREATMENT CARD ISSUED FROM MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM DATED 29.11.2019.
Exhibit	P4 A TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT DATED 16.10.2021.
Exhibit	P5 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE TALUK LEGAL SERVICES AUTHORITY, PUNALUR DATED 24.11.2021.
Exhibit	P6 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 23.12.2021.
Exhibit	P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 3.1.2022.
Exhibit	P8 A TRUE COPY OF THE LETTER NO.ST 75/2022/L.DIS DATED 13.1.2022 ISSUED BY THE JOINT REGISTRAR (G), KOLLAM TO DEPUTY MANAGER OF THE RESPONDENT.
Exhibit	P9 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 19.1.2022.

Anilkumar v. Kerala State Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

Anilkumar v. Kerala State Co-Operative Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Postal, Vs Union of India

Muhammed Rafeeq Tunelakachi, Vs Regional Transport Authority

Shaji P G Vs Additional Registering Authority

The Principal Vs the Registering Authority

Guberalakshmi S. Vs the Branch Manager

Benny Vs State of Kerala