Judgment
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 availed financial assistance to the tune of 8,00,000/- from the 3 ₹ rd respondent-Bank on 12.11.2014 by depositing the Title Deeds of his residential property.
Eventhough, he was prompt in repayment of the loan installments and paid substantial amount towards the loan, he could not pay further since his business fell into loss due to Demonetisation and sudden implementation of GST Act. The Bank initiated recovery proceedings against him.
2.
Therefore, the petitioner approached the 2nd respondent with Ext.P7 representation requesting to grant the benefit under OTS Scheme. However, the Bank proceeded with recovery. Therefore, the petitioner approached the 1st respondent by filing Ext.P10 representation. Since there is no decision on Ext.P10 representation, this writ
W.P.(C) NO.36576 OF 2023 3 petition is filed.
3.
Standing Counsel for the 3rd respondent-Bank submits that since the Bank has floated One Time Settlement Scheme, which will expire on 30.11.2023, if the petitioner has preferred Ext.P10 representation and if he makes a concrete proposal before the expiry of the period of OTS, the same can be considered in accordance with law.
In the facts of the case, the writ petition is disposed of directing the 3rd respondent-Bank to consider Ext.P10 representation submitted by the petitioner and take appropriate decision thereon, within a period of one month.
Coercive proceedings, if any, against the petitioner shall stand deferred till the 3rd respondent-Bank takes a decision on the OTS proposal.
Sd/- N.NAGARESH JUDGE spk
W.P.(C) NO.36576 OF 2023 4 APPENDIX OF WP(C) 36576/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK ISSUED BY THE 3RD RESPONDENT BANK DATED 12.11.2014 Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 3RD RESPONDENT BANK DATED 23.09.2016 Exhibit P3 THE TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE 3RD RESPONDENT BANK DATED 05.01.2018 Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO. 7427/2019 OF THIS HON'BLE COURT DATED 12.03.2019 Exhibit P5 THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT BANK DATED 18.03.2019 Exhibit P6 THE TRUE COPY OF THE NOTICE ISSUED BY THE
3RD
RESPONDENT
BANK
DATED 28.03.2019 Exhibit P7 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 03.06.2020 Exhibit P8 THE TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 2ND RESPONDENT DATED 03.06.2020 Exhibit P9 THE TRUE COPY OF THE NOTICE ISSUED BY THE
3RD
RESPONDENT
BANK
DATED 19.02.2023 Exhibit P10 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 14.10.2023