Sijo Mathew vs Kerala State Co-Operative Bank ...
2022 Latest Caselaw 1948 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                       WP(C) NO. 5446 OF 2022
PETITIONER:

          SIJO MATHEW, AGED 47 YEARS
          S/O.MATHEW, KUDUKKASSERI HOUSE, NELLIKAMPOYIL,
          ULIKKAL.P.O.,VAYATHOOR AMSOM DESOM, IRITTY TALUK,
          KANNUR DISTRICT. PIN-670 705.
          BY ADVS.R.SURENDRAN
          S.MAYUKHA


RESPONDENT:

          KERALA STATE CO-OPERATIVE BANK LTD.,
          REGIONAL OFFICE AT KANNUR,
          REP. BY ITS AREA MANAGER AND AUTHORIZED OFFICER,
          KANNUR-670001, PIN - 670001.

          ADV.M.SASINDRAN, SC



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5446 OF 2022
                                          2



                     BECHU KURIAN THOMAS, J
                   ..............................................
                       W.P.(C) No.5446 of 2022
                      .....................................
               Dated this the 18 th day of February, 2022

                             JUDGMENT

Petitioner confines his relief for a direction to grant

an opportunity to settle his liabilities in terms of

One Time Settlement as proposed by the State

through 'Navakeraleeyam Settlement Scheme-2021', a

copy of which is produced as Ext.P4.

2. Sri.M.Sasindran, the learned Standing Counsel for the

respondent, upon instructions, submitted that

respondent has no objection in considering the grant

of the scheme, provided petitioner pays a reasonable

sum to show his bona fides .

3. Considering the aforesaid submissions, I am of the

view that if the petitioner approaches the

respondent-Bank with a proposal claiming the benefit

of 'Navakeraleeyam Settlement Scheme-2021' within a

period of three weeks from the date of receipt of a WP(C) NO. 5446 OF 2022

copy of this judgment, along with a deposit of

Rs.2,00,000/- [Rupees Two lakhs only]; the

respondent-Bank shall consider the said proposal and

pass appropriate orders, after hearing the petitioner

within a period of two weeks thereafter.

4. If the petitioner is granted the benefit of the

scheme, necessarily the terms therein will be

complied with. Till a decision is taken by the

respondent on the application to be submitted by the

petitioner, coercive proceedings against the petitioner

shall be kept in abeyance.

5. It is clarified that, if the petitioner fails to submit

the proposal along with the amount directed in this

judgment, the respondent-Bank shall treat the same

as a default and will be entitled to proceed in

accordance with law.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/18/02//2022 WP(C) NO. 5446 OF 2022

APPENDIX OF WP(C) 5446/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE NOTICE DATED 22-12-2020, ISSUED BY THE RESPONDENT TO THE PETITIONER AND HIS WIFE, UNDER SECTION 13(2) OF THE SARFAESI ACT Exhibit-P2 TRUE COPY OF THE ORDER DATED 6-1-2022 IN CMP NO.3960/2021, OF CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY Exhibit-P3 TRUE COPY OF THE NOTICE DATED NIL, ISSUED BY MS. SRUTHI.C.K., ADVOCATE-COMMISSIONER IN CMP NO.3960/2021, OF CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY AND RECEIVED BY THE PETITIONER Exhibit-P4 TRUE COPY OF THE CIRCULAR NO.3 OF 2022 DATED 20-1-2022 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM

RESPONDENTS EXHIBITS : NIL

TRUE COPY