Prasannan. M.K vs Dharmadam Service Co.Operative ...
2023 Latest Caselaw 6437 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 8487 OF 2023
PETITIONER:

          PRASANNAN. M.K.
          AGED 64 YEARS, S/O. LATE ACHUTHAN,
          PADINJARETHAYYIL HOUSE, PALAYAD. P.O.,
          DHARMADAM PANCHAYATH, THALASSERY TALUK,
          KANNUR DISTRICT., PIN - 670 661.

          BY ADV NOBLE MATHEW


RESPONDENTS:

    1     DHARMADAM SERVICE CO.OPERATIVE BANK LTD
          PALAYAD. P.O., THALASSERY TALUK,
          KANNUR DISTRICT, PIN - 670 661.
          REP. BY ITS SECRETARY.

    2     ARBITRATOR/ASSISTANT REGISTRAR,
          DHARMADAM SERVICE CO.OPERATIVE BANK LTD., P
          ALAYAD. P.O., KANNUR DISTRICT., PIN - 670 661.

    3     THE SPECIAL SALE OFFICER
          DHARMADAM SERVICE CO.OPERATIVE BANK LTD.,
          PALAYAD. P.O., THALASSERY TALUK,
          KANNUR DISTRICT., PIN - 670 661.

    4     STATE OF KERALA
          REP. BY THE SECRETARY, CO.OPERATIVE DEPARTMENT,
          GOVT. SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695 001.

          BY ADV M.SASINDRAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.8487 OF 2023            2



                          JUDGMENT

Petitioner has approached this Court challenging the

proceedings taken by the respondent Bank to recover the

amounts due in terms of the award in ARC No.354/2017.

2. The learned counsel appearing for the petitioner

would submit that, as is evident from Ext.P3, the petitioner

had been offered a One Time Settlement Scheme (OTS)

under the "നവകേരളീയം കുടിശ്ശിക നിവാരണ പദ്ധതി -2023" and

the petitioner may be permitted to pay the amount fixed in

Ext.P3 within a short time.

3. The learned counsel appearing for the respondent

Bank would submit that the writ petition has become

infructuous, as, practically the only prayer sought for in the

writ petition is to permit the petitioner to pay the amount

mentioned in Ext.P3 on or before 31-05-2023. It is

submitted that no amount has been paid on or before

31-05-2023 and that, since the amount mentioned as payable

in Ext.P3 is in terms of the "നവകേരളീയം കുടിശ്ശിക നിവാരണ

പദ്ധതി -2023", the petitioner cannot seek for any extension

of time, as that is the special One Time Settlement Scheme

and the term of that scheme has already expired. It is

pointed out that, the petitioner will lose the benefit of the

scheme, if the amount is not paid within the time specified.

4. Having heard the learned counsel appearing for

the petitioner and the learned counsel appearing for the

respondent Bank, I am of the opinion that the learned

counsel for the respondent Bank is right in contending that

the petitioner cannot seek for extension of time to pay

amounts under a One Time Settlement scheme. It is settled

by the recent decision of the Supreme Court that the High

Court in exercise of jurisdiction under Article 226 of the

Constitution of India cannot tinker with the terms on which a

One Time Settlement had offered to a borrower and extend

time for payment. It has been found that the borrower has

to either accept the terms of One Time Settlement scheme

as it is, or to forgo the benefits under the One Time

Settlement scheme.

5. Faced with this situation, the learned counsel for

the petitioner would submit that the petitioner may be

permitted to clear the entire liability within a period of one

month from today.

6. The learned counsel for the respondent Bank

submits that the petitioner can be granted one month time

to clear the entire liability.

Accordingly, this writ petition will stand disposed of

holding that the petitioner is not any longer entitled to the

benefits of the One Time Settlement granted under Ext.P3

and directing that the petitioner shall be granted one month

time from today to clear the entire liability. Any coercive

proceedings initiated against the petitioner shall be kept in

abeyance for the aforesaid period of one month. If the

petitioner does not pay the amount within the aforesaid

period of one month, it will be open to the respondent Bank

to continue with any proceedings already initiated or to be

initiated against the petitioner.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 8487/2023

PETITIONER'S EXHIBITS

Exhibit P1 PHOTOSTAT COPY OF THE REVENUE RECOVERY NOTICE DATED 6.1.2023 ISSUED BY THE 3RD RESPONDENT

Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT

Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED NIL RECEIVED BY THE PETITIONER ON 8/3/2023