Omana vs Kerala State Co-Operative Bank ...
2023 Latest Caselaw 6945 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                        WP(C) NO. 20375 OF 2023
PETITIONER:

            OMANA,
            AGED 69 YEARS
            W/O JOBAI, CHUNGATH HOUSE, OLARIKKARA, PULLAZHI,
            THRISSUR DISTRICT., PIN - 680012

            BY ADVS.
            V.MAHENDRANATH
            P.T.SHEEJISH



RESPONDENTS:

    1       KERALA STATE CO-OPERATIVE BANK LTD,
            REPRESENTED BY ITS BRANCH MANAGER, AYYANTHOLE BRANCH,
            AYYANTHOLE P.O., THRISSUR DISTRICT., PIN - 680003

    2       .BRANCH MANAGER
            KERALA STATE CO-OPERATIVE BANK, AYYANTHOLE BRANCH,
            AYYANTHOLE P.O., THRISSUR DISTRICT., PIN - 680003

    3       REGISTRAR OF CO-OPERATIVE SOCIETIES,
            DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF
            CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
            JUNCTION, THYCAUD P.O, THIRUVANANTHAPURAM DISTRICT.,
            PIN - 695014

    4       JINOY C JOBAI
            AGED 40 YEARS
            S/O. JOBAI, CHUNGATH HOUSE, OLARIKKARA, PULLAZHI,
            THRISSUR DISTRICT., PIN - 680012

            BY ADV P.C.SASIDHARAN


OTHER PRESENT:

            SMT. C S SHEEJA (SR GP)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.20375/2023                     -2-

                                  JUDGMENT

The petitioner has approached this court seeking a direction to the 1 st

respondent to consider Ext.P3 application for one time settlement.

2. The learned counsel for the respondent bank would submit that the one

time settlement namely, "നവക രള യ ടശ ന വ രണ -2023" (hereinafter

referred to as '2023 scheme' for short) has already expired. He submits that while

Ext.P3 application can be considered by the competent authority as per the policy of

the bank, the benefits under the 2023 scheme cannot be extended to the petitioner.

3. The learned counsel appearing for the petitioner would submit that the

petitioner and her husband were guarantors of a loan availed by the 4 th respondent

who is none other than the son of the petitioner.

4. Having regard to the facts and circumstances of the case, I am of the

opinion that this writ petition can be disposed of directing the competent authority

of the 1st respondent to consider Ext.P3 in accordance with the general policy of the

bank and to communicate a decision to the petitioner within a period of one month

from the date of receipt of a certified copy of this judgment.

Writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) 20375/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED TO THE HUSBAND OF THE PETITIONER

Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 05.02.2022 ISSUED BY THE 2ND RESPONDENT

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 29.05.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT