Kerala High Court

Jabir.P vs Kozhikode Primary Co-Operative ... on 23 June, 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 23" pAY OF JUNE 2022 / 2ND ASHADHA, 1944

WP(C) NO. 13054 OF 2022
PETITIONER:

JABIR.P.,
AGED 42 YEARS

S/O. MOOSA HAJI, EDAVALAKANDIYIL HOUSE, PADANILAM PO.,
KUNNAMANGALAM-673 571.

BY ADV VIJAYAKUMARI .R

RESPONDENTS :

KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL
DEVELOPMENT BANK. LITD.,.

REPD BY ITS SPECIAL SALE OFFICER, PUTHIYARA P.O.,
KOZHIKODE-4.

BY ADV K.P.SUDHEER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 

WP(C) NO. 13054 OF 2022

W.P.(C)No.13054 of 2022

 

Dated this the 23™ day of June, 2022

JUDGMENT

This case had been referred for mediation. A report has been received from the Nodal Officer, Ernakulam Mediation Centre stating that the matter has been settled and terms and conditions of the settlement has also been annexed.

The terms and conditions of settlement shall be treated as part of this judgment and shall be annexed to this judgment.

This writ petition is closed in view of the settlement

arrived at between the parties.

Sd/-

T.R.RAVI JUDGE

mpm

WP(C) NO. 13054 OF 2022

APPENDIX OF WP (C) 13054/2022

PETITIONER'S EXHIBITS

Exhibit Pl TRUE COPY OF THE PRE SALE NOTICE ISSUED BY THE IST RESPONDENT TO THE PETITIONER DATED 31/01/2022.

Exhibit P2 NOTICE ISSUED BY THE RESPONDENT DATED 18/05/2022.

ERNAKULAM MEDIATION CENTRE (HIGH COURT HALL)

2" floor, above SBI, High Court building, Ernakulam, Kochi -31. (Ph.0484-2562238)

EMC/Reg. No AS*] 2» 22 Dated (8:06, £022. From a The Nodal Officer, ~ High Court Mediation Centre. To The Registrar (judicial), High Court of Kerala.

Ernakulam Sir, Sub:- Mediation of referred cases - Reg. Ref:- Referral Order in. WNPCO)..No:. (3054 202.2- x dated 26: 5:22. of the Hon'ble High Court of Kerala. C W nee ot The report of the Mediator in the matter along with the

enclosures is furnished herewith for information and necessary action.

we yg Yours faithfully, we?

N6édal Officer

Ernakulam Mediation Centre

A a

Encl: 1, Report of the Mediator, Settlement Agreement.

2. Copy of referral order dated WPCC) (300] 3 the High Court of Kerala.

3. Copy of Petition.

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

W.P.C. No. 13054/2022

Jabir P Petitioner Vs.

Kozhikode Primary Co-operative Agricultural & Rural Development Bank Ltd Respondent

REPORT SUBMITTED BY THE MEDIATOR

ADV. SALLY THOMAS CHACKO

Mediated, matter is settled. Terms and conditions signed by the parties is attached herewith.

Dated this the 17th day of June, 2022.

nav( Gey Thomas Chacko ediator

High Court Mediation Centre

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM --

W.P.C. No, 13054/2022

Jabir P Petitioner

Vs.

Kozhikode Primary Co-operative Agricultural

& Rural Development Bank Ltd Respondent

Mediated Settlement Agreement

(Under Section 89 of the Code of Civil Procedure read with Rule 23 of the Civil Procedure (ADR) Rules, 2008

1. The parties have agreed to settle the claim relating to the sale of the property owned by the petitioner ,secured with the respondent bank, in public auction under the loan transaction of

the petitioner, on the following terms and conditions:

2. The petitioner agrees to pay the amount of Rs 34,15,043 /- (Rupees thirty four lakhs fifteen thousand and forty three only )

towards the full and final settlement of the entire liability of the petitioner with the respondent bank.

3. The petitioner agrees to pay the said amount of Rs 34,15,043 /-

with the prevailing interest upto date and other incidental expenses to the maximum of Rs 16,500/- , to the respondent within

a period ending on 28" February 2023.

4, The payment schedule shall be as follows:-

(1) The petitioner shall pay to the respondent an amount of Rs 5,00,000 (Rupees five lakhs only) on or before 31% December 20

«) NOL sy . \A-ARSt nao Soecisi Sale Officer Kozhik: de frinmry Co-op.

Agricultural & Rural Development Bank

POST PUTHIYARA

Kerala Stu:.

~-wation Cent

Keral ~ 682 031

a ewer a

High Court of Kochi

ia 2

(ii) The balance amount with interest upto date and other incidental expenses to the maximum of Rs 16,500/- shall be

paid by the petitioner to the respondent on or before 28" / February 2023.

. Both the parties agree that the amount shall be remitted by the petitioner in the Savings Deposit Account opened by the him in the name of his elder brother Faisal P.T. in the respondents bank and after payment of agreed amount in full with prevailing interest upto date and incidental expenses to the maximum of Rs 16,500/- and the said amount shall be appropriated by the respondent for discharging the liability of the petitioner with the respondent bank.

Meanwhile the respondent bank shall take all reasonable measures

to make arrangements for the reduction in the rate of interest by enabling the petitioner to avail the One time Settlement Scheme if any, introduced by the appropriate authority , during the time of the subsistence of the liability. .

. On remittance of the entire claim amount as stipulated in clause 2&3 with interest upto date and incidental expense to the maximum of Rs 16,500/- by the petitioner,he shall take all necessary steps for transferring the entire amount from the SD

account of Faisal P.T. in favour of the respondent , after making the 2 . Ss adjustment of interest if any , as permitted by the respondent ¢

under the One time Settlement Scheme if introduced, for =, discharging of the liability of the petitioner . &33 S23

28" February 2023 , the respondent bank is liberty to initiate necessary steps far the confirmation of the sale which was already

AgiiGuilutia & Kural Devaopment Bans

Ltd. No. 4362, Koankove - a

tote ae ON

effected by way public auction, by the respondent bank on 18.03.2022.

9. On payment of the entire amount due to the respondent bank by the petitioner , as agreed in clause 2, the respondent bank shall take all steps for the release of the title deed of the property free of all charges, to the petitioner .

10. Both the parties agree that once the entire amount due to the respondent bank was paid as agreed in clause 2. no further claim

@ shall be raised by the parties on the same issue . Dated this the 8" day of June, 2022. god sarSue of

Youn Respondent Kozhikode Primary CO-OP.

Petitioner parca & Rural Development Ltd, No. 4322. Kozh:kode -

JabirP, GO Kozhikode Primary POST PUTHIYARA

Co-operative Agricultural & Rural Development Bank Ltd RC

Qe 7 wr

Advocate for Petitioner Advocate for the Respondent PrANI- \e- Pe Sudlay

VERIFICATION

solemnly state and declare

We, the parties above named, do are true to the best of our

that what is contained in paragra knowledge, information and beli