Romeo Jacob vs Shine M.Shah
2021 Latest Caselaw 6108 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

    FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

        Con.Case(C).No.1640 OF 2020 IN WP(C). 14372/2020

         AGAINST THE JUDGMENT IN WP(C) 14372/2020(V) OF
                      HIGH COURT OF KERALA

                                -----


PETITIONER/PETITIONER IN WPC:

             ROMEO JACOB
             AGED 50 YEARS
             S/O SHRI JACOB, MEKKATTUKULAM, MUNDOOR DESOM,
             MUNDOOR VILLAGE, THRISSUR-680541.

             BY ADVS.
             SMT.P.P.BLESSY MOL
             SMT.ANILA PETER

RESPONDENT/3RD RESPONDENT IN WPC:

             SHINE M.SHAH
             AGED ABOUT 40 YEARS
             (FATHER'S NAME IS NOT KNOWN TO THE PETITIONER)
             WORKING AS THE ADMINISTRATOR, ADAAT FARMERS SERVICE
             CO-OPERATIVE BANK,
             LTR NO.689,
             PURANATTUKARA P O,
             THRISSUR-680003.

             R1 BY ADV. SRI.P.C.SASIDHARAN

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY
HEARD ON 19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                    SATHISH NINAN, J.
          ==================
            Cont. Case (C) No.1640 of 2020 in
               W. P. (C) No.14372 of 2020
          ==================
         Dated this the 19th day of February, 2021

                           JUDGMENT

The writ petition was filed seeking the benefit

of One Time Settlement Scheme, for settlement of

the account of the petitioner and his wife. The

writ petition was disposed of on 14.10.2020

directing a decision to be taken on the

petitioner's OTS request on or before 16.10.2020.

The time was so fixed on the submission of the

learned Standing Counsel for the Bank that the

scheme is in force only till 31.10.2020.

2. In the affidavit filed by the respondent it

is stated that the certified copy of the judgment

was applied for on 15.10.2020 and it was received

on 16.10.2020 and was forwarded to the Society on Cont. Case (C) No.1640 of 2020 in W. P. (C) No.14372 of 2020

the same date. The Society received the judgment on

23.10.2020. It is also averred that the petitioner

did not produce the judgment before the Society.

3. The affidavit filed by the respondent sates

that, the application filed by the petitioner was

under the 2018 OTS scheme and that the petitioner

was required to submit an application seeking the

benefit of Circular 75/2020. Since the amount

sought to be settled is beyond the limit of the

Society, it was to be settled by the State Level

Committee constituted for that purpose. The request

was forwarded to the committee and the committee

has taken a decision granting the benefit of the

circular. A copy of the order so passed granting

benefit of one time settlement to the petitioner

has been produced along with the additional Cont. Case (C) No.1640 of 2020 in W. P. (C) No.14372 of 2020

affidavit dated 08.02.2021 by the respondent.

4. By considering the application for One Time

Settlement and granting the benefit of the

available scheme, the directions in the judgment

have been complied with in its spirit and the

grievance of the petitioner, as voiced in the Writ

Petition redressed. No prima facie case of contempt

is made out.

Contempt case is accordingly closed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge