High Court of KeralaWP(C)/21005/2015disposed of

Mohammed Safeer v. The Kerala Gramin Bank

2015-07-30Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 WP(C).No. 21005 of 2015 (A) ---------------------------- PETITIONER(S):

--------------------------

1. MOHAMMED SAFEER, S/O.V.A.ALI, VADAKKANAZHI ALUKKAL HOUSE, KATTIPPARUTHI AMSOM, PAINKANNUR DESOM, PAINKANNUR P.O-679 571, TIRUR TALUK.

2. ALI V.A., S/O.MOHAMMED KUTTY, VADAKKANAZHI ALUKKAL HOUSE, KATTIPPARUTHI AMSOM, PAINKANNUR DESOM, PAINKANNUR P.O-679 571, TIRUR TALUK.

BY ADVS.SRI.P.CHANDRASEKHAR SRI.S.PRASANTH SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SMT.UMA SRI.K.NANDAKUMAR SMT.V.A.HARITHA SMT.P.M.MAZNA MANSOOR RESPONDENT(S):

----------------------------

1. KERALA GRAMIN BANK, KGB TOWERS, A.K.ROAD, MALAPPURAM, KERALA-676 505, REPRESENTED BY ITS GENERAL MANAGER.

2. KERALA GRAMIN BANK, VALANCHERY P.O, PIN-679 571, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER.

R1 & R2 BY ADV. SRI.T.R.RAVI, SC, S.MALABAR G. BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 21005 of 2015 (A) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

A TRUE COPY OF THE RECEIPT DATED 3-6-2015 ISSUED BY THE 2ND RESPONDENT.

P2 :

A TRUE COPY OF LETTER DATED 2-4-2015 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER THAT HE MAY APPROACH THE 2ND RESPONDENT FOR AVAILING THE BENEFIT OF ONE TIME SETTLEMENT SCHEME. P3 :

A TRUE COPY OF THE LETTER DATED 15-5-2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A. MUHAMED MUSTAQUE, J ------------------------------------------------ W.P.(C).No. 21005 of 2015 ------------------------------------------------ Dated this the 30th day of July, 2015

JUDGMENT

The petitioner, a defaulter to the respondent-Bank, has approached this Court seeking a direction against the Bank to consider the request for one time settlement.

2. The learned Standing Counsel for the Bank submits that though the petitioner was communicated about the settlement proposed, he has never turned thereafter. The learned Standing Counsel also expressed doubt as to whether the scheme is prevailing for one time settlement.

3. Considering the facts and circumstances, this Court is of the view that the matter should be settled either with reference to one time settlement scheme or otherwise. The Bank shall explore all possibilities.

4. Therefore, the following directions are issued : i) The petitioner shall make a detailed proposal within a period of two weeks from the receipt of copy of this judgment.

W.P.(C).No. 21005 of 2015 -2ii) Thereafter, the Bank shall consider the proposal within a further period of two weeks, after notice to the petitioner.

iii) Coercive steps shall be deferred till reliefs as above are worked out.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr