Kishore Kumar P.K vs The Kerala State Co-Operative ...
2023 Latest Caselaw 3281 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                         WP(C) NO. 10250 OF 2023
PETITIONER:

              KISHORE KUMAR P.K
              AGED 45 YEARS
              SON OF P.K KUNJACHAN, PLAPALLIL HOUSE, PAKKIL P.O,
              KOTTAYAM, KOTTAYAM DISTRICT, PIN - 686012.

              BY ADVS.
              LUKE J CHIRAYIL
              ELSA MARY THOMAS
              AMAL JOSE


RESPONDENTS:

     1        THE KERALA STATE CO-OPERATIVE BANK LTD
              PAKKIL BRANCH, PAKKIL KAVALA, PAKKIL, KOTTAYAM, KERALA
              REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED OFFICER,
              PIN - 686012.
     2        THE MANAGER
              THE KERALA STATE CO-OPERATIVE BANK LTD, PAKKIL BRANCH,
              PAKKIL KAVALA, PAKKIL, KOTTAYAM, KERALA, PIN - 686012.

              SRI.ATHUL SHAJI, SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10250 OF 2023

                                      2

                                T.R. RAVI, J.
                --------------------------------------------
                      W.P.(C) No.10250 of 2023
                    --------------------------------------------
               Dated this the 23rd day of March, 2023

                               JUDGMENT

The petitioner has approached this Court challenging

proceedings initiated under the SARFAESI Act.

2. The Standing Counsel on instructions submits that the

petitioner had availed of two loans. In a housing loan which was

availed of, a sum of Rs.79,331/- is overdue and the period of the

loan is available till 2030. In an ordinary loan which was availed

of, a sum of Rs. 4,03,198/- is outstanding.

3. The counsel for the petitioner submits that the

petitioner may not be able to avail of the One Time Settlement

Scheme, which is available in the Bank till 31.03.2023 since he

will not be able to pay any amount in the lumpsum.

In the above circumstances, this writ petition is disposed of

directing the petitioner to approach the Bank within a period of

two weeks with the proposal for repayment and on receipt of WP(C) NO. 10250 OF 2023

such application, the bank shall consider the same and take a

decision within two weeks therefrom. The coercive steps

initiated shall be kept in abeyance for a period of one month to

facilitate the consideration of the request.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 10250 OF 2023

APPENDIX OF WP(C) 10250/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PETITION NUMBERED AS M.C. NO: 593/2022 DATED 10.11.2022 ON THE FILES OF THE HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT AT KOTTAYAM.

Exhibit P2 THE TRUE COPY OF THE ORDER DATED 11.11.2022 IN M.C. NO: 593/2022 ON THE FILES OF THE HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT AT KOTTAYAM.

Exhibit P3 THE TRUE COPY OF THE CASE STATUS OF M.C.

NO: 593/2022 ON THE FILES OF THE HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT AT KOTTAYAM.