Kerala High Court
Rajasree T K vs Erumeli Service Co-Operative Bank ... on 28 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 42926 OF 2023
PETITIONER:
RAJASREE T K, AGED 46 YEARS, W/O ASHOK KUMAR,
THEVARUPARAYIL HOUSE, NEDUMKAVUVAYAL,
KANAKAPPALAM P.O, ERUMELI, KOTTAYAM.,
PIN - 686509
BY ADVS.
NOBLE MATHEW
DEEPA NOBLE
KUMARI SANGEETHA S.NAIR
RESPONDENTS:
1 ERUMELI SERVICE CO-OPERATIVE BANK LIMITED
NO. K-113, REPRESENTED BY ITS SECRETARY,
ERUMELI P.O KOTTAYAM, PIN - 686508
2 THE ARBITRATOR/SPECIAL OFFICER, ERUMELI SERVICE
CO-OPERATIVE BANK LIMITED, ERUMELI P.O KOTTAYAM
DISTRICT, PIN - 682030
3 SPECIAL SALES OFFICER, ERUMELI SCB LIMITED NO.
A-113, OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL) KANJIRAPPILLY,
KOTTAYAM, PIN - 686507
BY ADVS.
JIJO PAUL KALLOOKKARAN
ISSAC M.PERUMPILLIL(K/000148/1974)
SMT. ANJANA C.R., FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 42926/23
2
JUDGMENT
Even though the petitioner seeks a direction to the 3 rd
respondent - Special Sales Officer, to allow her to pay off a loan
liability availed of from them in instalments, when this matter was
called today, Sri.Noble Mathew - her learned counsel, confined her
plea that she be given an opportunity of approaching the
respondent-Bank for a One-Time-Settlement because, the amount
presently demanded is exorbitant.
2. Smt.Anajna C.R. - learned Standing Counsel for the
respondent-Bank, submitted that, if the petitioner requires either to
settle the account in lump sum, or to pay it off in installments,
she will have to approach the Bank with an appropriate
representation. She added that she is not aware if any One-Time-
Settlement Scheme is still prevalent in the Bank, but that all
eligible benefits can be given to her, provided she approaches them
appositely; and added that, in the alternative, if she wants to pay
it off in installments, the maximum indulgence will be shown.
Taking note of the afore submissions and since it is accepted
by the learned counsel for the petitioner, I allow this Writ Petition
with the following directions:
a) I leave liberty to the petitioner to approach the
respondent-Bank with any request she may choose to make -
either to pay off the liability in installments or under a One-Time-
Settlement Scheme; and if this is done within a period of two
weeks from the date of receipt of a copy of this judgment, the
same shall be considered by its competent Authority, after
affording her an opportunity of being heard; thus culminating in an
appropriate order/necessary action thereon, without any avoidable
delay thereafter.
b) On the petitioner invoking the liberty reserved as afore
and until such time as the resultant proceedings are communicated
to her, all further recovery action based on Ext.P1 shall stand
deferred, but can be taken forward depending upon the decision to
be taken by the Bank in terms of the afore directions.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 42926/2023
PETITIONER EXHIBITS
Exhibit 1 EXHIBIT P-1
