Raghavan.K.R vs The Kerala State Co-Operative ...
2021 Latest Caselaw 23693 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                        WP(C) NO. 26944 OF 2021
PETITIONER/S:

          RAGHAVAN.K.R.,AGED 70 YEARS
          S/O.RAMAN, KALLUNGAL HOUSE, KANJANI P.O., CHONNALLUR
          DESOM, MANALOOR VILLAGE, THRISSUR DISTRICT, PIN-680
          612.
          BY ADVS.
          C.D.DILEEP
          SHYLAJA VARGHESE


RESPONDENT/S:

    1     THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK),
          CO-BANK TOWERS, PALAYAM, THIRUVANANTHAURAM, PIN-695
          001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
    2     THE KERALA STATE CO-OPERATIVE BANK,
          AYYANTHOLE, BRANCH NO.29, AYYANTHOLE P.O., THRISSUR
          DISTRICT, PIN-680 003, REPRESENTED BY ITS BRANCH
          MANAGER.
    3     THE JOINT REGISTRAR (GENERAL),
          CO-OPERATIVE SOCIETIES, CIVIL STATION, AYYANTYOLE,
          THRISUSR DISTRICT, PIN-680 003.
    4     STATE LEVEL STEERING COMMITTEE,
          REPRESENTED BY CHAIRMAN/MINISTER CO-OPERATION, ONE TIME
          SETTLEMENT SCHEME OF CO-OPERATIVE SOCIETIES,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26944 OF 2021                  2

                                   JUDGMENT

Dated this the day of 30th November 2021

The petitioner availed a credit facility from

the 2nd respondent Bank. Repayment of the loan was

defaulted. The petitioner approached the Bank seeking

the benefit for One Time Settlement Scheme (OTS

Scheme). Considering the petitioner's application,

the bank issued Ext.P3 indicating the OTS amount

payable. The details regarding the benefits given to

the petitioner have also been indicated therein.

Dissatisfied with the same and claiming further

benefits he has submitted Ext.P7 representation

before the 4th respondent. The same is pending

consideration. It is at that stage the petitioner has

approached this Court.

2. The learned Standing Counsel for the Bank

points out that the OTS Scheme expires today

(30.11.2021), and that unless the petitioner effects

payment as mentioned in Exhibit P3, he will not be

entitled for the benefit of the OTS Scheme.

After hearing the learned counsel on either

sides, and taking note of the fact that the OTS

scheme expires today, I am inclined to issue the

following directions:

i) If the petitioner intends to avail the

benefit of the OTS Scheme presently in force and

which expires today, the amount as indicated in

Ext.P3 shall be remitted today itself.

ii) Pursuant to such remittance, the 4th

respondent shall consider Ext.P7 in terms of relevant

circular, afford an opportunity of hearing to the

petitioner, and pass orders thereon.

iii) If on such consideration as mentioned in

clause (ii) above it is found that in terms of the

OTS Scheme the petitioner is entitled for any further

concessions, the same shall be afforded to the

petitioner.

Sd/-

SATHISH NINAN JUDGE sd

APPENDIX OF WP(C) 26944/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RECEIPT DATED 26.02.2020 SHOWING PAYMENT OF RS.1,13,000/- Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 31.03.2020 SHOWING PAYMENT OF RS.7,85,000/- Exhibit P3 A TRUE COPY OF THE INFORMAL STATEMENT DATED 18.10.2021 FURNISHED BY THE MANAGER OF THE 2ND RESPONDENT BANK.

Exhibit P4 A TRUE COPY OF THE MEDICAL RECORDS SHOWING THE PRESENT HEALTH POSITION OF THE PETITIONER AND HIS WIFE.

Exhibit P5 A TRUE COPY OF THE NAVAKERALEEYAM CIRCULAR NO.32 DATED 13.08.2021.

Exhibit P6 A TRUE COPY OF THE NAVAKERALEEYAM CIRCULAR NO.45 DATED 01.11.2021.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 26.11.21 SUBMITTED BEFORE THE STEERING COMMITTEE THROUGH THE 3RD RESPONDENT.