K.V Kunchappan Nambair vs The Secretary
2023 Latest Caselaw 8745 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                        WP(C) NO. 18828 OF 2023
PETITIONER/S:

          K.V KUNCHAPPAN NAMBAIR
          AGED 72 YEARS
          S/O. RAMARKUTTY NAMBIAR (LATE),
          KANAVALIYAVEETTIL, KAKKARA P.O.,
          PAYYANUR TALUK KANNUR DISTRICT,
          PIN - 670306
          BY ADV SUMI O.


RESPONDENT/S:

    1     THE SECRETARY
          ERAMAM KUTTUR SERVICE COOPERATIVE BANK LTD., M M BAZAR
          PO PAYYANUR TALUK, KANNUR, PIN - 670307
    2     SPECIAL SALE OFFICER
          PAYYANUR CRB GROUP, PAYYANUR PO,
          KANNUR DISTRICT, PIN - 670307
          BY ADVS.
          ARAVIND S.S
          M.V.AMARESAN(A-490)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.18828 of 2023
                                         2



                                 JUDGMENT

The petitioner availed credit facilities from the

respondent bank. Since there was default in repayment of the

amounts due to the bank, the bank had issued Ext.P1 notice to

the petitioner informing the petitioner of the availability of a

One Time Settlement Scheme (നവകേരളീയം കുടിശിക നിവാരണ

പദ്ധതി, 2023) and requiring the petitioner to come forward to

settle the liability in terms of that scheme. However, the

petitioner did not avail of that opportunity and has approached

this Court seeking the following reliefs;

"a) Call for the records leading to Ext.P1 and P2 and direct the 1st respondent to consider Ext.P1 by a writ of mandamus or any other appropriate writ, orders or directions.

b) Declare that the petitioner is entitled for the rearrangement of the loan No.MTNAL-M-701 availed from the 1st respondent.

c) Issue the writ of mandamus, or any other order of directions directing the 1 st respondent to provide instalment facility and one time settlement in respect of the loan no.MTNAL-M-701 availed by the petitioner from the 1st respondent.

d) Grant such other reliefs which this Hon'ble Court may deem fit and necessary to grant in the facts and circumstances of the case."

WPC No.18828 of 2023

2. The learned counsel appearing for the

respondent bank would refer to the counter affidavit filed in this

Court. It is submitted that though the bank has willing to offer

substantial reduction on the basis of the നവകേരളീയം കുടിശിക

നിവാരണ പദ്ധതി, 2023, the petitioner did not avail of that

opportunity. It is submitted that the liability as on today is

Rs.9,29,041/- (Rupees Nine lakh Twenty Nine Thousand and

Forty One only) and the bank has no objection in some limited

instalments being granted to the petitioner to clear the liability.

In the result, the writ petition is disposed of with the

following directions:

(i) The outstanding amount of Rs.9,29,041/-

(Rupees Nine lakh Twenty Nine Thousand and Forty One only)

along with any accrued interest/costs shall be repaid in twelve

(12) monthly instalments.

(ii) The first instalment shall be paid on or before

08.09.2023 and subsequent instalments shall be paid on or

before the 8th day of every succeeding months. WPC No.18828 of 2023

(iii) In the event of default of any one instalment, the

respondent bank shall be entitled to proceed in accordance with

law.

(iv) In order to enable the petitioner to repay the

entire amounts, all coercive proceedings shall be kept in

abeyance.

The writ petition is disposed of as above.

Sd/-

GOPINATH P., JUDGE rkj WPC No.18828 of 2023

APPENDIX OF WP(C) 18828/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF NOTICE ISSUED BY SECOND RESPONDENT TO THE PETITIONER DATED 18.03.2023 RESPONDENT EXHIBITS Exhibit -R1(a) True copy of signed undertaking, promising to close the loan PETITIONER EXHIBITS Exhibit P2 TRUE COPY OF REQUEST SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT DATED 20.03.2023