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High Court of KeralaWP(C)/11371/2014disposed of

Gopakumar M.D v. Thiruvalla Urban Co Operative Bank

2015-01-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 1936 WP(C).No. 11371 of 2014 (V) ------------------------------------- PETITIONER:

-------------------------- GOPAKUMAR M.D, AGED 39 YEARS S/O. LATE DHAMODAREN NAIR, MANJANATTU HOUSE MATHIL BHAGOM MURI, THIRUVALLA P.O.

THIRUVALLA VILLAGE, THIRUVALLA TALUK PATHANAMTHITTA DISTRICT.

BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENTS:

---------------------------- 1.

THE THIRUVALLA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.

NO. A 159, THIRUVALLA, REPRESENTED BY ITS SECRETARY. 2.

SPECIAL OFFICER THE THIRUVALLA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO. A 159 THIRUVALLA.

R1 BY ADVS. SRI.ABRAHAM SAMSON SMT.LOVELY SAMSON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11371 of 2014 (V) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- TRUE COPY OF NOTICE ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 15-12-2012.

EXHIBIT P2- TRUE COPY OF NOTICE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 29-01-2014.

EXHIBIT P3- COPY OF MEDICAL CERTIFICATE ISSUED BY DR. SUNIL MATHEW DATED 31-03-2014.

RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 11371 OF 2014 ---------------------------------------- Dated this the 06th day of January, 2015

JUDGMENT

A sum of Rs. 1,74,927 was due from the petitioner to the first respondent bank as on 30.04.2014. The amount has been so arrived at on the basis of award No. 97/2010 secured in the arbitration case. The first respondent bank is also willing to extend the benefit of one time settlement scheme to the petitioner.

2.

It is open to the petitioner to move the first respondent bank for one time settlement scheme or for instalment facility. Any application so preferred within three weeks shall be dealt with by the first respondent bank within three weeks thereafter. The coercive steps pursuant to the award aforesaid shall be put on hold for a period of six weeks. The writ petition is disposed of.

V. CHITAMBARESH JUDGE