Anas.P.H vs Periya Service Co-Operative Bank ...
2023 Latest Caselaw 9780 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
  WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA,
                                 1945
                     WP(C) NO. 10989 OF 2023
PETITIONER:
          ANAS.P.H, AGED 48 YEARS, S/O HAMZA P.A, KANIYA,
          PERIYA, PERIYA VILLAGE, HOSDURG TALUK, KASARAGOD
          DISTRICT., PIN - 671315
          BY ADV E.A.BIJUMON
RESPONDENT:
          PERIYA SERVICE CO-OPERATIVE BANK LTD, NO. F.F.7P.
          O. PERIYA, HOSDURG TALUK, KASARAGOD DISTRICT,
          REPRESENTED BY THE SECRETORY., PIN - 671315
          BY ADV JAWAHAR JOSE
     THIS    WRIT   PETITION     (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   13.09.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                        Sathish Ninan, J.
                    ----------------------
                   WP(C) No.10989 of 2023
               -------------------------------
         Dated this the 13th day of September, 2023

                                JUDGMENT

Petitioner is faced with awards in ARC.Nos.

3852/2015 and 4781/2015. The total amount due under the

awards as of now is more than Rs.27 lakhs. Recovery

proceedings have been initiated by the Bank. The

petitioner seeks for grant of maximum concessions and

instalments to enable him to wipe off the entire

liability.

2. Heard the learned counsel on both sides.

3. Considering the total amount involved and

financial constraints pointed out by the petitioner, I

am of the opinion that if a request is made for One Time

Settlement is made along with payment of some amounts,

the Bank could be directed to consider the request as

per the Banks' norms.

WP(C) No.10989 of 2023

Resultantly, the writ petition is disposed of with

a direction that, if the petitioner pays an amount of

Rs.5,00,000/- (Rupees Five lakhs only) accompanied by an

application for One Time Settlement, the Bank will

consider the said application according to the Banks'

norms and grant all the possible benefits and

concessions to the petitioner to enable him to wipe off

the liability. The application along with the payment

shall be made within a period of ten days from today.

Sd/-

Sathish Ninan, Judge rsr APPENDIX OF WP(C) 10989/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD IN A.R.C.NO.3852/2015 DATED 30/12/2016.