Baiju.P vs The Kerala State Co-Operative Bank
2024 Latest Caselaw 18993 Ker

Kerala High Court

Baiju.P vs The Kerala State Co-Operative Bank on 28 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                WP(C) NO. 13430 OF 2024
PETITIONER:

         BAIJU.P.
         AGED 53 YEARS
         S/O PURUSHOTHAMAN, POOMTHOPPU VELI, S.L.PURAM
         P.O, KANJIKUZHI, MARARIKKULAM NORTH, ALAPPUZHA
         DISTRICT, PIN - 688523.

         BY ADV S.R.SREEJITH

RESPONDENT:

         THE KERALA STATE CO-OPERATIVE BANK
         REGIONAL OFFICE, P.B.NO.104, OPPOSITE MUNICIPAL
         TOWN HALL, ALAPPUZHA, REPRESENTED BY IT'S CHIEF
         MANAGER, PIN - 688001.

         BY ADV THOMAS ABRAHAM

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.13430 OF 2024
                                 :2:




                            JUDGMENT

Dated this the 28h day of June, 2024

The petitioner, who has availed certain financial

advances from the Kerala State Co-operative Bank and

against whom the Bank has initiated coercive proceedings

under the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002, has

approached this Court filing the above writ petition seeking to

direct the respondent to permit the petitioner to close the

entire loan account by granting One Time Settlement facility

or instalment facility.

2. When the writ petition came up for admission on

05.04.2024, this Court passed an interim order staying further

coercive proceedings pursuant to Ext.P1 for a period of two

months on condition that the petitioner remits an amount of

₹2 lakhs within a period of one month.

3. The petitioner did not remit ₹2 lakhs as directed by

this Court.

WP(C) NO.13430 OF 2024

4. The petitioner is before this Court for settlement of

loan account through payment in instalments. The petitioner

could not pay even ₹2 lakhs within the time stipulated by this

Court.

Therefore, the petitioner is not entitled to any

further discretionary reliefs from this Court. The writ petition is

therefore dismissed.

Sd/-

                                         N. NAGARESH
pvv                                          JUDGE
 WP(C) NO.13430 OF 2024



              APPENDIX OF WP(C) 13430/2024

PETITIONER'S EXHIBITS

Exhibit P1        TRUE COPY OF THE NOTICE DATED 21-02-
                  2024    ISSUED    BY    THE    ADVOCATE
                  COMMISSIONER    APPOINTED    BY     THE

HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA IN M.C. NO.34/2024.