Swapna vs M/S Kerala State Co-Operative Bank Ltd

Kerala High Court

Swapna vs M/S Kerala State Co-Operative Bank Ltd on 21 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
         THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                WP(C) NO. 13157 OF 2024
PETITIONER:

         SWAPNA
         AGED 50 YEARS, W/O RAVI,
         KOLATHENGATU HOUSE, KANIYAMBALDESAM,
         KUNNAMKULAM, TRISSUR PIN - 680503.

         BY ADVS.
         ANOOP KRISHNA
         V.A.PRADEEP KUMAR
         JENNY THANKAM


RESPONDENTS:

   1     M/S KERALA STATE CO-OPERATIVE BANK LTD
         KUNNAMKULAM BRANCH, KUNNAMKULAM PO,
         TRISSUR DISTRICT REPRESENTED BY ITS
         DEPUTY GENERAL MANAGER., PIN - 680503.

   2     THE JOINT REGISTRAR OF CO-OPERATIVE
         SOCIETES (GENERAL)
         CO OPERATIVE DEPARTMENT, STATE OF KERALA,
         KUNNAMKULAM, KUNNAKULAM P.O., TRISSUR
         DISTRICT, PIN - 680001.

         BY ADVS.
         SRI.P.C.SASIDHARAN, STANDING COUNSEL
         SRI.S.GOPINATHAN, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.13157 of 2024
                                    :2:


                           JUDGMENT

Dated this the 21st day of May, 2024 The petitioner, who has availed financial assistance from the respondent-Bank, has approached this Court seeking the following reliefs:-

''i) Issue a writ of certiorari or any other appropriate writ, direction or order and call for records from the respondents as per Exts.P1 and P2.

ii) Issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the respondents to permit the petitioner to regularise the loan as per Ext.P1 and allow the petitioner to remit 20 equal monthly instalments to pay the defaulted instalments and shall keep in abeyance of all proceedings as per Exts.P1 and P2 and also waive interest during moratorium period and penal interest upon the loan account of the petitioner and consider the case of the petitioner in One Time Settlement Scheme.

iii) Grand any other reliefs which this Hon'ble Court deem fit and proper to grant in the circumstances of the case.''

2. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the W.P.(C)No.13157 of 2024 :3: respondents.

3. When the writ petition came up for admission on 02.04.2024, this Court passed an interim order directing the petitioner to remit an amount of ₹3 lakhs on or before 30.04.2024 and a further amount of ₹3 lakhs on or before 20.05.2024.

3. Standing Counsel would submit that the petitioner has not paid any amount as directed by this Court.

Taking into consideration the entire facts and circumstances of the case, I am not inclined to exercise the discretionary jurisdiction of this Court under Article 226 of the Constitution of India in favour of the petitioner. The writ petition is dismissed with liberty to the petitioner to approach the Debts Recovery Tribunal, if the petitioner is so advised.

Sd/-

N. NAGARESH JUDGE ams W.P.(C)No.13157 of 2024 :4: APPENDIX OF WP(C) 13157/2024 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE IN ARC NO 756/2022 ON THE FILE OF THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF ADVOCATE COMMISSIONER HAS ISSUED A NOTICE TO TAKE DELIVERY OF THE PROPERTY ON 16.02.2024