Gauri Amma vs The Authorized Officer, The ...
2023 Latest Caselaw 748 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR. JUSTICE GOPINATH P.

              THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944

                                WP(C) NO. 669 OF 2023

PETITIONER:

               GAURI AMMA
               AGED 66 YEARS
               W/O RAMACHANDRAN
               SRI NILAYAM HOUSE
               CHEMMARATHUR P.O
               KOZHIKODE DISTRICT

               , PIN - 673104
               BY ADV K.REEHA KHADER


RESPONDENT:

               THE AUTHORIZED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LTD,
               THE KERALA STATE CO-OPERATIVE BANK LTD,
               KALLAI ROAD, CALICUT

               , PIN - 673002

OTHER PRESENT:

               ADV. P C SASIDHARAN (SC)



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No. 669 of 2023
                                ..2..




                           JUDGMENT

The petitioner has approached this court challenging

the proceedings initiated against the petitioner under the

provisions of the SARFAESI Act to recover amounts due

under a loan availed by the petitioner from the respondent

bank.

2. When this matter is taken up for consideration

today, the submission of the learned counsel for the

respondent bank that the petitioner is clearly not entitled to

any relief from this court. It is submitted that at present,

there is a One Time Settlement scheme in force, and if the

petitioner were to make an application under that scheme,

the case for the petitioner can be considered under the

same.

3. Having regard to the aforesaid submissions, this

writ petition will stand disposed of permitting the petitioner

to make an application for grant of One Time Settlement W.P. (C) No. 669 of 2023 ..3..

under the One Time Settlement Scheme, now in force in

the respondent bank. The bank shall consider such

application on its merits and a decision taken thereon shall

be communicated to the petitioner. The petitioner shall

make such an application within a period of one week from

today. If the petitioner does not make the application

within the aforesaid period, the petitioner will lose the

benefit of this judgment.

The Writ Petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE RMV W.P. (C) No. 669 of 2023 ..4..

                           APPENDIX OF WP(C) 669/2023

PETITIONER EXHIBITS
Exhibit1                   MEDICAL CERTIFICATE
Exhibit P2                 NOTICE OF SALE



RESPONDENTS' EXHIBITS:NIL


                                   TRUE COPY

                                 P.A.TO JUDGE