Jijo Alias vs The Kerala State Co-Operative ...
2021 Latest Caselaw 782 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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

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


PETITIONER:

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

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

RESPONDENTS:

         1     THE KERALA STATE CO-OPERATIVE BANK LTD
               RAMAMANGALAM BRANCH (ERSTWHILE ERNAKULAM DISTRICT CO-
               OPERATIVE BANK) 2/348G, AYYAPPA TOWER, CHOONDI
               RAMAMANGALAM ROAD, CHOONDY, VADAYAMPADY P.O., KOCHI-
               682 308, REPRESENTED BY ITS MANAGER.

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

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

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

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

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.18 OF 2021(B)

                                         2


                                 JUDGMENT

Dated this the 8th day of January 2021

The petitioner has approached this Court with a limited

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".

2. 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 Co-

operative Societies specifically agree, they cannot allow the

petitioner to make any payment under the said Scheme.

3. Noticing the afore submission of Sri.Gilbert George

Correya, I had suo motu impleaded the Registrar of Co-

operative Societies, Thiruvananthapuram and had directed

Sri.Mohammed Hashim, learned Government Pleader, to

obtain instructions in this matter.

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

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.

5. 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.

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.

Sd/- DEVAN RAMACHANDRAN

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

APPENDIX PETITIONER'S EXHIBITS:

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.