Balu C.M vs Mattanchery Mahajanik ...
2022 Latest Caselaw 7307 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                       WP(C) NO. 26760 OF 2021
PETITIONERS:

    1       BALU C.M.,
            AGED 51 YEARS
            S/O.M.K.MOHANAN, RESIDING AT 23/1878 E, MARAM VEEDU,
            PALLURUTHY, KOCHI-682 006.

    2       REHITHA BALU, AGED 35 YEARS, W/O.BALU C.M
            RESIDING AT 23/1878 E, MARAM VEEDU,
            PALLURUTHY, KOCHI-682 006.

            BY ADV S.SUJINI



RESPONDENTS:

    1       MATTANCHERY MAHAJANIK CO-OPERATIVE URBAN BANK LIMITED,
            CIRCLE SASTRA PALLIYARAKAVU ROAD, KOCHI-682 002,
            REPRESENTED BY IT'S CHIEF MANAGER.

    2       MATTANCHERY MAHGAJANIK CO-OPERATIVE URBAN BANK LIMITED,
            CIRCLE SASTRA PALLIYARAKAVU ROAD, KOCHI-682 002,
            REPRESENTED BY IT'S AUTHORISED OFFICER.

    3       MATTANCHERY MAHAJANIK CO-OPERATIVE URBAN BANK LIMITED,
            CIRCLE SASTRA PALLIYARAKAVU ROAD, KOCHI-682 002,
            REPRESENTED BY IT'S CHAIRMAN.

            BY ADVS.
            GEORGE POONTHOTTAM (SR.)
            NISHA GEORGE




     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. 26760 OF 2021

                                   2


                             JUDGMENT

When this matter is taken up for consideration today, it is the

submission of the learned counsel appearing for the 1 st respondent

Bank that the Bank is willing to consider settlement under One Time

Settlement scheme provided the petitioners approach the Bank with

a reasonable proposal.

2. The learned counsel appearing for the petitioners would

submit that they will submit a proposal for consideration of the

Bank within period of one week from today.

3. This writ petition will stand disposed of directing the

respondent bank to take an appropriate decision on the proposal to

be submitted by the petitioners as above within a period of one

month from the date on which the proposal is submitted by the

petitioner. Till such time as a decision is taken on the One Time

Settlement scheme proposal to be submitted by the petitioners,

further coercive steps against the petitioners shall be kept in

abeyance.

The writ petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 26760 OF 2021

APPENDIX OF WP(C) 26760/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE UNDER SECTION 13(2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 WITH RESPECT TO POD ACCOUNT NO.106 DATED 28.06.2021.

Exhibit P2 TRUE COPY OF THE LETTER DATED 02.07.2021 SUBMITTED BEFORE THE HON'BLE MINISTER FOR CO-OPERATION.

Exhibit P3 TRUE COPY OF THE BANK STATEMENT RECEIVED BY THE PETITIONERS DATED 28.07.2021 GIVEN BY THE RESPONDENT BANK.

Exhibit P4 TRUE COPY OF THE LETTER DATED 24.08.2021 SENT BY THE PETITIONERS TO THE 1ST RESPONDENT IN RESPONSE TO THE EXHIBIT P1 NOTICE.

Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 04.10.2021 ISSUED BY THE RESPONDENT BANK TO PRODUCE BEFORE THE CANARA BANK.

Exhibit P6 TRUE COPY OF THE REQUEST LETTER DATED 03.10.2021 SUBMITTED BY THE PETITIONERS TO THE RESPONDENT BANK.

Exhibit P7 TRUE COPY OF THE STATEMENT OF ACCOUNTS DATED 12.10.2021 ISSUED BY THE RESPONDENT BANK.