Citation : 2021 Latest Caselaw 15168 Ker
Judgement Date : 20 July, 2021
W.P(C).14397/2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
WP(C) NO. 14397 OF 2021
PETITIONER/S:
AHAMMED KOYA P.M., AGED 52 YEARS
S/o.MOIDEEN, VELLACHALPOYIL HOUSE, VATTOLI BAZAR,
KOZHIKODE-673507
SAINABA A P, W/O.AHAMMED KOYA P M, VELLACHALPOYIL
HOUSE, VATTOLI BAZAR, KOZHIKODE-673507
BY ADVS.
E.C.AHAMED FAZIL
M.P.SHAMEEM AHAMED
RESPONDENT/S:
PANANGAD SERVICE CO-OPERATIVE BANK LTD.
PANANGAD, HEAD OFFICE, BALUSSERY MUKK, POST BOX NO.5,
BALUSSERY, KOZHIKODE-673612, REPRESENTED BY ITS
SECRETARY
THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM-695001
OTHER PRESENT:
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).14397/2021
2
JUDGMENT
Petitioner along with his wife have availed two loans from the first
respondent Service Co-operative Bank evidenced by Exts.P3 and P3(a).
The loan was defaulted. Accordingly, Exts.P3 and P3(a) notices were
issued calling upon the petitioners to pay the entire amount. According to
the petitioners, due to financial difficulty and loss in business, petitioners
could not repay the amount as agreed. However, petitioners are agreeble
to avail the benefit of OTS by paying the entire amount. Petitioner has
submitted Ext.P4 representation seeking the benefit of one time
settlement scheme. He has expressed his intention so in Ext.P4
representation.
2. Having regard to the limited relief sought by the petitioners, I
am inclined to direct the first respondent to consider Ext.P4
representation as expeditiously as possible, at any rate, within a period of
one month from the date of receipt of a copy of this judgment. If the
scheme is in force, that can be extended to the petitioners. Coercive
steps pursuant to Exts.P3 and P3(a) will stand deferred for one month.
Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS JUDGE Sbna/
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