Gopalan K.V. vs. The Registrar Of Co-Operative Societies
Held
The High Court directed the 3rd respondent-Bank to consider the petitioner's Ext.P10 representation for an One Time Settlement (OTS) scheme within one month. It further ordered that any coercive proceedings against the petitioner shall be deferred until the Bank takes a decision on the OTS proposal.
Facts
The petitioner availed a loan from the 3rd respondent-Bank, but faced business losses due to demonetization and the implementation of the GST Act, leading to repayment difficulties. The Bank initiated recovery proceedings, prompting the petitioner to file representations seeking the benefit of an One Time Settlement (OTS) Scheme. As no decision was taken on his representation, the petitioner approached the High Court.
Key Issues
The key issue was whether the High Court should direct the respondent-Bank to consider the petitioner's representation for an One Time Settlement scheme and defer recovery proceedings during its consideration.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945 WP(C) NO. 36576 OF 2023 PETITIONER: GOPALAN K.V. AGED 62 YEARS S/O. NARAYANAN, KARUPPAM VEETTIL HOUSE, KAVANCHERRY P.O., PURATHUR, MALAPPURAM DISTRICT, PIN – 676561 BY ADV C.M.MOHAMMED IQUABAL RESPONDENTS: 1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCADU P.O., THIRUVANANTHAPURAM,, PIN - 695014 2 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES, CIVIL STATION, MALAPPURAM, PIN - 676505 3 THE KERALA STATE CO-OPERATIVE BANK (ERSTWHILE MDC BANK), REPRESENTED BY ITS MANAGER, TIRUR EVENING BRANCH, TIRUR P.O., MALAPPURAM DISTRICT, PIN – 676101 SRI.DHEERAJ A.S.-GOVERNMENT PLEADER SRI.GILBERT GEORGE CORREYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.36576 OF 2023 2 JUDGMENT Dated this the 6th day of November, 2023 The petitioner avail
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