Kerala High Court
Abdul Samad vs The Assistant Registrar Of ... on 13 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
WP(C) NO. 7977 OF 2023
PETITIONERS:
1 ABDUL SAMAD
AGED 60 YEARS
S/O.ASANARU KUNJU, VAYALIL PUTHENVEEDU, THAZHAM VADAKKU,
CHATHARMOOR, KOLLAM, PIN - 691526
2 NADEERA BEEVI
AGED 55 YEARS
W/O.ABDIIL SAMAD, VAYALIL PUTHENVEEDU, THAZHAM VADAKKU,
CHATHARMOOR, KOLLAM., PIN - 691526
3 HASSAN B.K
AGED 35 YEARS
S/O.BASHEERKUTTY, KUNNAVILA VEEDU, THINAM VADAKKU, CHATHAMCOR,
KOLLAM., PIN - 691526
4 NINA PANICKER
AGED 33 YEARS
S/O.KOSHY PANICKER, KUNNUVILA VEEDU, THAZHAM VADAKKU, CHATHANNOR,
KOLLAM., PIN - 691526
BY ADVS.
M.AJITH (KARICODE)
R.MOHANA BABU
N.P.PRADEEP
RESPONDENT/S:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL)
KOLLAM., PIN - 691001
2 THE BOARD OF DIRECTORS OF THE CHATHANNOOR REGIONAL SERVICE CO-
OPERATIVE BANK LTD-153
CHATHANNUR, KOLLAM. REPRESENTED BY ITS PRESIDENT., PIN - 691572
3 THE CHATHANNOOR REGIONAL SERVICE CO-OPERATIVE BANK LTD-153
CHATHANNOOR, KOLLAM REPRESENTED BY ITS SECRETARY., PIN - 691572
OTHER PRESENT:
SMT. C S SHEEJA (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P. (C) No. 7977 of 2023
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JUDGMENT
The petitioners have approached this court seeking limited
relief. The petitioners claim that a direction may be issued to the
3rd respondent bank to consider the settlements of the loan
liability of the petitioners under Ext.P1 scheme for One Time
Settlement (നവ കേരളീയം കുടിശിക നിവാരണ പദ്ധതി 2023).
2. The petitioners had availed separate loans from the 3 rd
respondent bank and on default being committed, proceedings
have been initiated against the petitioners under Section 69 of
the Kerala Co-operative Societies Act to determine the amounts
due from the petitioners. The learned counsel appearing for the
petitioners would contend that final awards have not so far been
issued in the proceedings under Section 69 of the Kerala
Co-operative Societies Act. It is submitted that Ext.P1 scheme is
in force till 31.03.2023 and the 3rd respondent bank may be
directed to consider the case of the petitioners under the scheme
before that date.
W.P. (C) No. 7977 of 2023
..3..
3. Heard the learned Government Pleader appearing for the
1st respondent also.
4. Having regard to the facts and circumstances of the case
and considering the limited nature of the relief sought for by the
petitioners, I am of the opinion that this Writ Petition can be
disposed of without notice to respondents 2 and 3. Accordingly,
this Writ Petition is disposed of directing the competent
authority of the 3rd respondent bank to consider Ext.P2
application for settlement under the 2023 scheme in accordance
with the provisions contained in that scheme provided the
petitioners make an application for such settlement within a
period of one week from today.
The Writ Petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
RMV
W.P. (C) No. 7977 of 2023
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APPENDIX OF WP(C) 7977/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NAVAKERALIYAM DEBT AVOIDANCE SCHEME
DATED 31.01.2023 AS PER CIRCULAR NO.3/2023 OF THE
OFFICE OF THE REGISTRAR, COOPERATIVE SOCIETIES.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 10.2.2023
SUBMITTED BY PETITIONERS BEFORE 3RD RESPONDENT
Exhibit P3 ORIGINAL COPY OF COMPLAINT FILED BY 3RD RESPONDENT
BEFORE THE 1ST RESPONDENT ASST. REGISTRAR OF
COOPERATIVE SOCIETIES DATED 31.12.2022
Exhibit P4 ORIGINAL COPY OF COMPLAINT FILED BY 3RD RESPONDENT
BEFORE THE LST RESPONDENT ASST. REGISTRAR OF
COOPERATIVE SOCIETIES DATED 31.12.2022
Exhibit P5 ORIGINAL COPY OF COMPLAINT FILED BY 3RD RESPONDENT
BEFORE THE 1ST RESPONDENT ASST. REGISTRAR OF
COOPERATIVE SOCIETIES DATED 31.12.2022
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
