George Scaria vs The Kerala State Co-Operative ...
2021 Latest Caselaw 22978 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
      TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                        WP(C) NO. 25593 OF 2021
PETITIONERS:

  1     GEORGE SCARIA,S/O.SCARIA, PUTHIYAPARAMBIL HOUSE,
        EZHUKUMVAYAL, ERATTAYUR, IDUKKI.

  2     GOPALAKRISHNAN NAIR.K.,S/O.KRISHNAN NAIR, 6/568, NALLOOR
        HOUSE, KATTAPPANA P.O., VALIYAKANDOM., IDUKKI-685 508.

  3     THOMAS ANTONY, S/O.ANTONY, PARAKKADAVIL HOUSE, KALKOONTHAL,
        ERATTAYAR P.O., IDUKKI DISTRICT.

             BY ADVS.G.HARIHARAN
             PRAVEEN.H.
             K.S.SMITHA


RESPONDENTS:

       1     THE KERALA STATE CO-OPERATIVE BANK LTD.,
             DISTRICT OFFICE, IDUKKI (ERSTWHILE IDUKKI DISTRICT CO-
             OPERATIVE BANK LTD.), P.B.NO.2, IDUKKI COLONY P.O.,
             IDUKKI DISTRICT-685 602, REPRESENTED BY ITS MANAGER.

       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, REVENUE DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM-695 001.

       4     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),
             IDUKKI AT PAINAVU-685 603.

       5     THE DISTRICT COLLECTOR, IDUKKI AT CIVIL STATION,
             PAINAVU,IDUKKI DISTRICT-685 603.

             ADV.SRI.GILBERT GEORGE CORREYA
             SR. GP SRI. BIMAL K NATH


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.25593 OF 2021
                                2



                             JUDGMENT

The petitioners have availed credit facilities

from the 1st respondent bank. The repayment of the

facilities were defaulted. Awards have been passed

against the petitioners in ARC Nos.108 of 2021 and

109 of 2021 respectively. Recovery proceedings are

initiated by the Bank. The petitioners had earlier

approached this Court in W.P(C) No.2258 of 2021.

This Court had directed the petitioners to approach

the Bank for easy instalment facilities. However, it

did not give a positive result, is the contention.

The petitioners confine their relief for the grant

of benefits under the One Time Settlement Scheme

which is presently in vogue.

2. The learned standing counsel appearing for

the Bank submits that, the OTS scheme presently in

force is only upto 30.11.2021 and that if the

petitioner approaches the Bank claiming the benefit

of the same, it shall be considered in accordance

with the scheme and its norms, and appropriate W.P(C) NO.25593 OF 2021

orders passed.

Accordingly, the writ petition is disposed of

directing the petitioners to approach the 1 st

respondent Bank at 11 a.m tomorrow and make a

request for the benefit of the One Time Settlement

Scheme. The request shall be considered by the bank

in accordance with the scheme and the norms, and

appropriate orders passed preferably on 25.11.2021

so as to enable the petitioners to avail the benefit

of the scheme, if extended to them.

Sd/-

SATHISH NINAN JUDGE vdv W.P(C) NO.25593 OF 2021

APPENDIX OF WP(C) 25593/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 15.10.2020 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE 1ST PETITIONER RELATING TO LOAN ACCOUNT NO.20819 DEMANDING A SUM OF RS.2,33,736/-

Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 15.10.2020 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE 2ND PETITIONER RELATING TO LOAN ACCOUNT NO.20817 DEMANDING A SUM OF RS.1,93,744/-

Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED 15.10.2020 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE 3RD PETITIONER RELATING TO LOAN ACCOUNT NO.20818 DEMANDING A SUM OF RS.1,93,744/-

Exhibit P4 TRUE COPY OF THE NOTICE DATED 16.01.2021 DEMANDING A SUM OF RS.1,79,219/- TOWARDS THE LOAN NO.20817 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER.

Exhibit P5 TRUE COPY OF THE JUDGMENT MADE IN WPC NO.2258/2021 DATED 24.03.2021 BY THIS HON'BLE COURT.

Exhibit P6 TRUE COPY OF THE REQUEST DATED 09.03.2021 FILED BY THE PETITIONERS BEFORE THE IDUKKI DISTRICT CO- OPERATIVE BANK.

Exhibit P7 TRUE COPY OF THE AWARD NO.ARC NO.108/2021 DATED 14.07.2021 ISSUED BY THE 4TH RESPONDENT AGAINST THE PETITIONERS.

Exhibit P8 TRUE COPY OF THE AWARD NO.ARC NO.109/2021 DATED 14.07.2021 ISSUED BY W.P(C) NO.25593 OF 2021

THE 4TH RESPONDENT AGAINST THE PETITIONERS.

Exhibit P9 TRUE COPY OF THE DEMAND NOTICE DATED 20.10.2021 SENT BY THE 1ST RESPONDENT ADDRESSED TO THE 2ND PETITIONER.

Exhibit P10 TRUE COPY OF THE DEMAND NOTICE DATED 12.08.2021 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE 1ST PETITIONER.

Exhibit P11 TRUE COPY OF THE NOTICE DATED 12.08.2021 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE 3RD PETITIONER.

Exhibit P12 TRUE COPY OF THE GOVERNMENT ORDER NO.GO(P0 NO.201/2021/REV. DATED 22.10.2021 ISSUED BY THE GOVERNMENT OF KERALA.