Rehumathunniza S vs The Quilon Co-Operative Urban ...
2022 Latest Caselaw 2175 Ker

WP(C) NO. 6201 OF 2022
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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                            WP(C) NO. 6201 OF 2022
PETITIONER/S:

            REHUMATHUNNIZA S.
            AGED 47 YEARS
            W/O.SALIM, 'SHAMEEM MANZIL', KAIRALI NAGAR-305,
            KAVANADU.P.O,
            KOLLAM DISTRICT,
            PIN-691003.
            BY ADVS.
            K.SIJU
            ANJANA KANNATH
            T.S.SREEKUTTY


RESPONDENT/S:

     1      THE QUILON CO-OPERATIVE URBAN BANK LTD.
            YMCA ROAD, KOLLAM-691001,REPRESENTED BY ITS MANAGER.
     2      THE BRANCH MANAGER
            QUILON CO-OPERATIVE BANK LTD, VADDY BRANCH,
            KOLLAM,PIN-691013.
     3      THE AUTHORIZED OFFICER,
            QUILON CO-OPERATIVE BANK LTD, YMCA ROAD, KOLLAM-691001.
     4      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
            CIVIL STATION, KOLLAM, PIN-691013.
     5      THE REGISTRAR OF CO-OPERATIVE SOCIETIES
            THIRUVANANTHAPURAM-695001.
OTHER PRESENT:

            ADV.RENU.D.P-SC


     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6201 OF 2022
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                     BECHU KURIAN THOMAS, J.
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                       W.P.(C)No.6201 of 2022
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                      Dated this the 24th day of February, 2022

                                  JUDGMENT

Petitioner had availed a loan from the respondent bank. Due

to default in repayment, Bank has initiated proceedings under the

Securitization Act. The limited relief now sought for by the

petitioner is for an opportunity to settle the liability through the

'Navakeraleeyam one time settlement scheme', copies of which

are produced Exts.P4 and P5.

2. Smt.Anjana Kannath learned Counsel for the petitioner

submitted that despite the one time settlement offer being

introduced, respondents have proceeded with the recovery

proceedings and are intending to take over possession of the

secured assets on 03.03.2022. It was submitted that petitioner is

interested to avail the benefit under the 'Navakeraleeyam

scheme' and is entitled to be given the advantage of the said

scheme.

3. Smt.D.P.Renu, learned Counsel for the respondents

submitted that the Bank is not averse to consider any proposal

for one time settlement, and is willing to consider the same,

provided petitioner approaches the bank before 03.03.2022 WP(C) NO. 6201 OF 2022

which is the date proposed for taking possession of the secured

asset.

4. In view of the above, submission, there will be a

direction to the respondents to consider the claim of the petitioner

for the benefit under Ext.P4 and Ext.P5 - Navakeraleeyam

settlement Scheme, provided petitioner submits a proposal as per

the scheme on or before 03.03.2022. If such a proposal is

submitted, necessarily a decision thereon shall be taken by the

respondent within seven days thereafter and the same shall be

intimated to the petitioner. Till a decision is taken as directed, all

coercive proceedings against the petitioner shall be kept in

abeyance.

The writ petition is disposed of accordingly.

sd/

BECHU KURIAN THOMAS JUDGE jm/ WP(C) NO. 6201 OF 2022

APPENDIX OF WP(C) 6201/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RECEIPT DATED 18.11.2020 REGARDING REMITTANCE OF RS.43,500/- ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF ORDER PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM IN MC 261/2020 DATED 09.03.2020 Exhibit P3 TRUE COPY OF NOTICE DATED 15.2.2022 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER. Exhibit P4 TRUE COPY OF CIRCULAR NO.32/21 DATED 13.8.2021 REGARDING ONE TIME SETTLEMENT GUIDELINES. Exhibit P5 TRUE COPY OF CIRCULAR NO.3/2022 DATED 20.01.2022 ISSUED BY THE 5TH RESPONDENT EXTENDING ONE TIME SETTLEMENT SCHEME.