Kerala High Court
Isha Navas vs Kerala State Co-Operative Bank Ltd on 23 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 33238 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
WP(C) NO. 33238 OF 2024
PETITIONER:
ISHA NAVAS,
AGED 49 YEARS
W/O NAVAS, ANIMOOTIL HOUSE, VENGALLOR PO, THODUPUZHA,
IDUKKI DISTRICT, PIN - 685608
BY ADVS.
P.T.SHEEJISH
SANDRA TOM
A.ABDUL RAHMAN (A-1917)
PARVATHY S. MANOJ
YOOSUF SAFWAN T. AJMAL
AMRITA SAFAL M.
RESPONDENTS:
1 KERALA STATE CO-OPERATIVE BANK LTD,
THODUPUZHA BRANCH, REPRESENTED BY ITS MANAGER,
THODUPUZHA, IDUKKI DISTRICT, PIN - 685602
2 AUTHORIZED OFFICER,
KERALA STATE CO-OPERATIVE BANK LTD, IDUKKI COLONY PO,
IDUKKI DISTRICT, PIN - 685602
BY ADV K.S.ARUN KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 23rd day of September, 2024
The present Writ Petition has been filed seeking
the following prayers:
(i) To issue a writ of mandamus or order or direction to the
respondents 1 and 2 to keep the coercive proceedings
pursuant to Exhibit P3 & P4, against the petitioner in
abeyance and permit the petitioner to pay the overdue
amount in One time Settlement without hampering the
family life of the petitioner, after regularizing the loan
account.
(ii) To issue a writ of mandamus or order or direction to the
respondents to issue proper loan account statement to
the petitioner, and permit her to approach the debt
recovery Tribunal for the adjudication of proper amount,
if the respondents not ready to adjudicate the
appropriate amount after adjusting her payments made,
in the interest of justice.
(iii) To dispense with the production of the translations of the
vernacular documents.
(iv) Such other relief's as this Hon'ble Court deems fit to
grant in the nature of this case.
2. This is the 2nd writ petition filed by the petitioner.
The 1st writ petition being W.P.(C.) No.5364/2020 was
disposed of by this Court vide judgment dated 29.11.2022.
However, it appears that no decision has been taken by
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the bank on the One Time Settlement of the outstanding
dues of the bank against the petitioner.
3. The learned counsel for the bank submits that as on
today, the total outstanding is Rs. 1,27,40,223/-. It is
further submitted that if the petitioner makes payment of
substantial amount upfront and approaches the bank for
One Time Settlement, the bank shall consider the proposal
of the petitioner for One Time Settlement and will take
necessary decision on such proposal.
4. Considering the aforesaid stand of the learned
counsel for the bank, the present writ petition is disposed
of, with a direction to the petitioner to make payment of
Rs.40,00,000/- on or before 15.10.2024 and approach the
bank for One Time Settlement for settling the outstanding
dues of the bank. If the petitioner pays Rs.40,00,000/- and
approaches the bank for One Time Settlement, the bank
shall not proceed further under the provisions of the
SARFAESI Act and Rules made thereunder, till a decision
is taken on the One Time Settlement proposal of the
petitioner. In case, the petitioner fails to make payment of
Rs.40,00,000/- as directed above or does not move One
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Time Settlement proposal to the bank, the bank shall be
free to proceed further to realize its dues against the
petitioner.
With the aforesaid directions, the present writ petition
stands finally disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
WP(C) NO. 33238 OF 2024
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APPENDIX OF WP(C) 33238/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF JUDGEMENT DATED 29.11.2022
ISSUED BY THIS HONOURABLE COURT IN WPC
Exhibit P2 THE TRUE COPY OF REPLY PREFERRED BY THE
PETITIONER DATED 03.12.2022
Exhibit P3 TRUE COPY OF POSSESSION NOTICE DATED
28.12.2023 ISSUED BY 2ND RESPONDEN
Exhibit P4 TRUE COPY OF THE ADVOCATE COMMISSIONER NOTICE
DATED 10.05.2024 ISSUED BY 2ND RESPONDENT
