Kerala High Court
Sindhu Manoj vs The Authorised Officer, Kerala State ... on 16 April, 2025
2025:KER:32623
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 16TH DAY OF APRIL 2025/26TH CHAITHRA, 1947
WP(C) NO.16442 OF 2025
PETITIONER:
SINDHU MANOJ,
AGED 48 YEARS,
W/O MANOJ, PAZHAMBILLIL HOUSE,
THODUPUZHA EAST P.O., THODUPUZHA,
IDUKKI DISTRICT, PIN - 685 585.
BY ADV DHANANJAY DEEPAK
RESPONDENTS:
1 THE AUTHORISED OFFICER,
KERALA STATE CO-OPERATIVE BANK LTD.,
CREDIT PROCESSING CENTRE, P.B. NO. 2,
IDUKKI COLONY P.O., IDUKKI DISTRICT,
PIN - 685 602.
2 KERALA STATE CO-OPERATIVE BANK LTD.,
THODUPUZHA TOWN BRANCH, GROUND FLOOR,
NELCOS BUILDING, NELCOS JUNCTION,
THODUPUZHA, KERALA; REPRESENTED BY ITS BRANCH
MANAGER., PIN - 685 608.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.16442 of 2025
2025:KER:32623
-2-
JUDGMENT
(Dated this the 16th day of April, 2025)
The petitioner has approached this Court seeking
for the following prayers:
"i) Issue a writ or direction to the
Respondents directing to permit the petitioner
to avail the facility of One Time Settlement
under the "Nava Keraleeyam Kudishika
Nivarana Padhathi - 2025"; and
ii) Issue a writ or direction to the
Respondents directing to keep in abeyance all
proceedings pursuant to Ext.P3 and Ext.P4
notices till the petitioner file application for
availing the facility of One Time Settlement
under the "Nava Keraleeyam Kudishika
Nivarana Padhathi - 2025".
2. Today, when this case is taken up, the
learned Counsel for the petitioner sought time for
approaching the bank for One Time Settlement. On
instructions, the learned Standing Counsel appearing
for the Bank submits that the OTS facility already
expired on 31.03.2025. On perusal of Ext.P6
judgment passed by this Court, it is seen that a
similar request was made by the petitioner, and by
2025:KER:32623
judgment dated 14.02.2025, this Court directed the
petitioner to remit an amount of Rs.5,00,000/- and
also to avail the OTS facility offered by the Bank. It
is submitted that the petitioner could not comply
with the Ext.P6 judgment and only an amount of
Rs.3,90,000/- was remitted.
3. The learned Standing Counsel appearing
for the Bank submits that the total outstanding
amount is Rs.1,49,20,636/-. The petitioner is not in
a position to remit the said amount. I do not find
any reason to grant the prayer sought for in the writ
petition.
Accordingly, the writ petition is dismissed.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
Cak
2025:KER:32623
APPENDIX OF WP(C) 16442/2025
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE UNDER SECTION
13(2) OF THE SARFAESI ACT ISSUED BY THE
IDUKKI DISTRICT CO-OPERATIVE BANK LTD.
TO THE PETITIONER DATED 10.12.2018.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 20.01.2021
ISSUED BY THE 1ST RESPONDENT DATED
20.01.2021.
EXHIBIT P3 TRUE COPY OF THE NOTICE UNDER SECTION
13(4) OF THE SARFAESI ACT DATED
05.01.2024.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 31.12.2024
ISSUED BY THE ADVOCATE COMMISSIONER
APPOINTED BY THE CJM COURT, THODUPUZHA
IN M.C. NO. 372/2024.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WP(C) NO. 8483/2022
DATED 17.03.2022.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
5843/2025 OF THIS HON'BLE COURT DATED
14.02.2025.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED
11.04.2025.
