John Lobo vs The Chief General Manager
2023 Latest Caselaw 11689 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                       WP(C) NO. 37676 OF 2023
PETITIONERS:

    1     JOHN LOBO
          AGED 58 YEARS, S/O. T.S. LOBO
          THUNDIPARAMBIL HOUSE,
          NINJA TAILORING THEKKADY JUCTION,
          KUMILY IDUKKI, PIN - 685 509.

    2     ROSLIN LOBO
          AGED 57 YEARS, W/O. JOHN LOBO
          THUNDIPARAMBIL HOUSE, NINJA TAILORING
          THEKKADY JUCTION, KUMILY IDUKKI, PIN - 685 509.

          BY ADVS.
               ARUN KUMAR M.A
               SANDRA SUNNY
               FARAH JYOTHI PRADEEP


RESPONDENTS:

    1     THE CHIEF GENERAL MANAGER
          THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK) HEAD
          OFFICE, COBANK TOWERS, P.B.NO.6515
          VIKAS BHAVAN P.O, PALAYAM THIRUVANANTHAPURAM,
          PIN - 695 033.

    2     THE AUTHORISED OFFICER
          KERALA STATE CO-OPERATIVE BANK CREDIT PROCESSING CENTRE
          P.B.NO 2, IDUKKI COLONY P.O. IDUKKI,
          PIN - 685 602.

    3     THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK)
          EVENING BRANCH, KUMILY IDUKKI
          REPRESENTED BY ITS BRANCH MANAGER, PIN - 685 509.

          BY ADV
               GILBERT GEORGE CORREYA


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.37676 of 2023
                                  :2:




                            JUDGMENT

Dated this the 16th day of November, 2023

The petitioners against whom the

3rd respondent-Bank has initiated recovery proceedings

invoking the Security Interest (Enforcement) Rules, 2002, are

before this Court seeking to direct the respondents to

consider Ext.P5 representation for One Time Settlement.

2. Standing Counsel entered appearance on behalf

of the respondents and denied the allegations made in the

writ petition. The Standing Counsel, however, submitted that

if the petitioners have preferred Ext.P5, the Bank can

consider the One Time Settlement proposal of the

petitioners.

In view of the above, the writ petition is disposed

of directing the respondents to consider Ext.P5

representation for One Time Settlement of the loan account

of the petitioners in accordance with law and as per the W.P.(C) No.37676 of 2023

terms of the One Time Settlement Scheme. A decision shall

be taken within a period of three weeks. Coercive

proceedings, if any, pursuant to Ext.P4 notice shall stand

deferred till the respondents take a decision in the matter.

Sd/-

N. NAGARESH JUDGE AMR W.P.(C) No.37676 of 2023

APPENDIX OF WP(C) 37676/2023

PETITIONERS' EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE MEDICAL REPORT OF THE 1ST PETITIONER ISSUED BY THE FAMILY HEALTH CENTRE, KUMILY DATED 15.08.2023.

EXHIBIT P2            THE   TRUE   COPY    OF    THE    MEDICAL
                      PRESCRIPTION    SLIP    OF     THE    2ND

PETITIONER ISSUED BY THE FAMILY HEALTH CENTRE, KUMILY DATED 27.09.2023.

EXHIBIT P3 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS DATED 11.10.2023.

EXHIBIT P4 THE TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER IN M.C.NO 354 OF 2023 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA DATED 03.11.2023.

EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONERS BEFORE THE RESPONDENTS DATED 06.11.2023.