Sunil Babu vs The Nilambur Co-Operative Urban ...
2021 Latest Caselaw 10503 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                    WP(C).No.3226 OF 2021(C)


PETITIONER/S:

      1     SUNIL BABU
            S/O. LATE C.H.MUHAMMED,
            ERANAD BUSINESS GROUP,ERANAD ARCADE,
            NILAMBUR ROAD, WANDOOR,
            MALAPPURAM DISTRICT-679 328

      2     SHIHABUDHEEN CHOLAKKAL
            S/O. LATE MOHAMMED, CHOLAKKAL HOUSE,
            WANDOOR, MALAPPURAM DISTRICT-679 328

      3     AYSHA MATHER
            W/O. SUNIL BABU, CHOLAKKAL HOUSE,
            WANDOOR, MALAPPURAM DISTRICT-679 328

      4     KUNHI MOHAMMED
            CHOLAKKAL HOUSE, NADUVATH,
            WANDOOR,
            MALAPPURAM DISTRICT-679 328

      5     SMT. FATHIMA
            W/O. LATE C.H.MUHAMMED, CHOLAKKAL HOUSE,
            PIRIYAKKAD, WANDOOR,
            MALAPPURAM DISTRICT-679 328

      6     SAAJITHA CHOLAKKAL
            W/O.SHAMSUDHEEN, KONTHAKULAVAN HOUSE, KUTTIYIL,
            VANIYAMBALAM, MALAPPURAM DISTRICT-679 339

            BY ADVS.
            SRI.G.HARIHARAN
            SRI.PRAVEEN.H.
            SMT.K.S.SMITHA
            SRI.V.R.SANJEEV KUMAR

RESPONDENT/S:

      1     THE NILAMBUR CO-OPERATIVE URBAN BANK LTD.
            WANDOOR MAIN BRANCH, NILAMBUR ROAD, WANDOOR,
            MALAPPURAM DISTRICT-679 328,REPRESENTED BY ITS
            BRANCH MANAGER
 WP(C).No.3226 OF 2021(C)
                              2

      2     REGISTRAR OF CO-OPERATIVE SOCIETIES,
            OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
            JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
            THYCAUD P.O., KERALA-695 014

      3     STATE OF KERALA,
            REPRESENTED BY THE PRINCIPAL SECRETARY TO
            GOVERNMENT, DEPARTMENT OF CO-OPERATION,
            SECRETARIAT, THIRUVANANTHAPURAM-695 001

      4     RESERVE BANK OF INDIA,
            LISSIE JUNCTION, ERNAKULAM NORTH,
            ERNAKULAM-682 018, RPERESENTED BY ITS
            AUTHORISED OFFICER

      5     UNIONOF INDIA,
            REPRESENTED BY THE PRINCIPAL SECRETARY TO
            GOVERNMENT, MINISTRY OF FINANCE AND BANKING
            AFFAIRS, SANSAD MARG, NEW DELHI-110 001

            BY ADV. SRI.DEVAPRASANTH.P.J.
            BY ADV. K.ARJUN VENUGOPAL, CGC
            SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3226 OF 2021(C)
                                     3




                               JUDGMENT

This court by an interim order directed the

petitioners to file representations and to move the bank

directly if they propose to settle the dispute.

2. When the matter was taken up today, the

learned counsel for the petitioners submitted that

pursuant to One Time Settlement Scheme offered by the

bank in a direct negotiation, the petitioners could not

comply with the direction to deposit the amount to avail

One Time Settlement Scheme. Having considered this, I

am inclined to dispose of the Writ Petition itself, after

hearing the learned counsel for the petitioners, the

learned counsel for the bank and the learned senior

Government Pleader, by directing that the petitioners

shall file representations before the bank for rescheduling

the loan, which may be considered by the bank, as

expeditiously as possible, at any rate, within a period of

one month from the date of receipt of a copy of this WP(C).No.3226 OF 2021(C)

judgment.

Writ Petition is disposed of accordingly.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.3226 OF 2021(C)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 17.11.2020 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE 1ST PETITIONER

EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 03.12.2020 SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT ALONG WITH POSTAL RECEIPT

EXHIBIT P3 TRUE COPY THE LAWYER NOTICE DATED 08.01.2021 SENT BY SRI. RAMESH BABU ADVOCATE ON BEHALF OF THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 17.11.2020 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE 2ND PETITIONER

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 01.12.2020 SENT BY THE 2ND PETITIONER TO THE 1ST RESPONDENT ALONG WITH POSTAL ACKNOWLEDGMENT

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 17.11.2020 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE 2ND PETITIONER

EXHIBIT P7 TRUE COPY OF THE REQUEST DATED 01.12.2020 SENT BY THE 2ND PETITIONER TO THE 1ST RESPONDENT ALONG WITH POSTAL RECEIPT

EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 17.11.2020 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE 3RD PETITIONER

EXHIBIT P9 TRUE COPY OF THE REQUEST DATED 01.12.2020 SENT BY THE 3RD PETITIONER TO THE 1ST RESPONDENT ALONG WITH POSTAL RECEIPT WP(C).No.3226 OF 2021(C)

EXHIBIT P10 TRUE COPY OF THE LAWYER NOTICE DATED 12.01.2021 SENT BY SR.T.RAMESH BABU ADVOCATE ON BEHALF OF THE 1ST RESPONDENT

EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 17.11.2020 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE 4TH PETITIONER

EXHIBIT P12 TRUE COPY OF THE REQUEST DATED 01.12.2020 SENT BY THE 4THR PETITIONER TO THE 1ST RESPONDENT ALONG WITH POSTAL RECEIPT

EXHIBIT P13 TRUE COPY OF THE NOTICE DATED 17.11.2020 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE 5TH PETITIONER

EXHIBIT P14 TRUE COPY OF THE REQUEST DATED 01.12.2020 SENT BY THE 5TH PETITIONER TO THE 1ST RESPONDENT ALONG WITH POSTAL RECEIPT

EXHIBIT P15 TRUE COPY OF THE LAWYER NOTICE DATED 08.01.2021 ISSUED ON BEHALF OF THE 1ST RESPONDENT ADDRESSED TO THE 6TH PETITIONER

EXHIBIT P16 TRUE COPY OF THE CIRCULAR NO.RBI/2019-20/186 DATED 27.03.2020 ISSUED BY THE 4TH RESPONDENT AS A PART OF COVID-19 REGULATORY PACKAGE

EXHIBIT P17 TRUE COPY OF THE CIRCULAR NO.RBI/2020-21/16 ON 06.08.2020 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P18 TRUE COPY OF THE RELIEF PACKAGE NOTIFICATION ISSUED BY THE RESERVE BANK OF INDIA ON 23.05.2020

EXHIBIT P19 TRUE COPY OF CIRCULAR NO.47/2020 DATED 28.05.2020 ISSUED BY THE 2ND RESPONDENT WP(C).No.3226 OF 2021(C)

EXHIBIT P20 TRUE COPY OF CIRCULAR NO.01/2021 DATED 01.01.2021 ISSUED BY THE 2ND RESPONDENT

RESPONDENT'S/S NIL EXHIBITS