Narayanan T vs General Manager, Kerala State ...
2022 Latest Caselaw 1450 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
                        WP(C) NO. 3489 OF 2022
PETITIONER:

          NARAYANAN T
          AGED 57 YEARS
          S/O.KUNHAMBU.K.T, KUNNUMKINATTUKARA,
          KODAKKAD.P.O, KASARAGOD DISTRICT-671531.
          BY ADVS.
          I.V.PRAMOD
          SAIRA SOURAJ P.


RESPONDENTS:

    1     GENERAL MANAGER, KERALA STATE CO-OPERATIVE BANK LTD.,
          KERALA STATE CO-OPERATIVE BANK, NEAR KSRTC BUS STAND,
          KASARAGOD-671121.
    2     AUTHORISED OFFICER,
          KERALA STATE CO-OPERATIVE BANK, NEAR KSRTC BUS STAND,
          KASARAGOD-671121.
    3     THE MANAGER,
          KERALA STATE CO-OPERATIVE BANK, CHEEMENI ENGINEERING
          COLLEGE BRANCH,
          CHEEMENI.P.O, KASARAGOD-671313.
          BY ADV M.SASINDRAN


OTHER PRESENT:

          ADV.M.SASINDRAN-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3489 OF 2022
                              2

                 BECHU KURIAN THOMAS,J
                 --------------------------------
                  W.P.(C)No.3489 of 2022
               ------------------------------------
          Dated this the 2nd day of February, 2022


                         JUDGMENT

Petitioner had availed a housing loan from the

respondents. He defaulted in repayment and the Bank has

initiated proceedings for recovery.

2. The limited relief claimed by the petitioner in this

writ petition is for a direction to grant the benefit of one

time settlement scheme and give time till 31/03/2022 to

clear the entire liabilities. According to the learned counsel

for the petitioner, he is ready to clear the entire liability

before 31/3/2022, provided a settlement scheme is granted

to him.

3. I have heard the learned counsel for the

petitioner Smt. Saira Souraj.P and the learned Standing

Counsel for the respondents Sri.M.Sasindran.

4. On a consideration of the circumstances pleaded

in the writ petition as well as those argued by the counsel WP(C) NO. 3489 OF 2022

for the petitioner and the learned Standing Counsel for the

respondent, I am of the view that this writ petition can be

disposed of directing the petitioner to approach the 1 st

respondent with a feasible offer of settlement in a time

bound manner. If such a proposal is submitted within the

time stipulated in the judgment, a decision thereon shall be

taken by the respondents, in a time bound manner.

5. Accordingly, there will be a direction to the

petitioner to submit a feasible proposal for one time

settlement of the loan account with the 1 st respondent

within a period of 15 days from today. If such a proposal is

submitted, the same shall be considered a decision taken

within a further period of 15 days from the date of receipt

of such an application. Once a decision as directed above is

taken, the relationship between the parties shall be

governed by the terms arrived at in the said decision. In

view of the above, all coercive proceedings against the

petitioner shall be kept in abeyance or until a decision as

directed above, is taken.

WP(C) NO. 3489 OF 2022

Needless to mention the petitioner will be bound to

pay the regular monthly instalments due under the loan

amount, notwithstanding the above direction.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 3489 OF 2022

APPENDIX OF WP(C) 3489/2022

PETITIONER'S EXHIBITS :

Exhibit P1 A TRUE COPY OF THE INFORMATION RECEIVED FROM THE 3RD RESPONDENT DATED 28/1/2022.

Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE COMMISSIONER APPOINTED AS PER ORDER IN CMP NO.1639/2021 OF CJM, KASARAGOD DATED 25/1/2022.

RESPONDENT'S EXHIBITS : NIL


AJM                //TRUE COPY//              PA TO JUDGE