High Court of KeralaWP(C)/21342/2015disposed of

Shameer P.P. v. The Kannur District Co-Operative Bank Ltd.

2015-07-21Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 WP(C).No. 21342 of 2015 (P) ---------------------------- PETITIONER(S):

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1. SHAMEER P.P., AGED 39 YEARS, S/O KHAER V, PULIKKOOL, PO.PARAL, THALASSERY, KANNUR-670 671

2. KHADER.V, AGED 70 YEARS, S/O UMMER, PULIKKOOL P.O.PARAL, THALASSERY, KANNUR -670 671 BY ADVS.DR.K.P.PRADEEP SRI.SHANAVAS NALAKATH RANDUPURAYIL RESPONDENT(S):

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1. THE KANNUR DISTRICT CO-OPERATIVE BANK LTD. HEAD OFFICE, OPP. STADIUM COMPLEX, KANNUR-670 001, REPREASENTED BY ITS GENERAL MANAGER.

2. THE AUTHORISED OFFICER/SENIOR MANAGER, THE KANNUR DISTRICT CO-OPERATIVE BANK LTD, HEAD OFFICE, OPP. STADIUM COMPLEX, KANNUR-670 001 BY SMT.MEENA JOHN, SC, KANNUR DIST. CO.OP.BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 21342 of 2015 (P) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXRT.P1:

TRUE COPY OF THE NOTICE NO. CMP 2382/15 DT. 10/6/15 ISSUED BY THE CJM COURT, THALASSERY TO THE PETITIONERS. EXT.P2;

TRUE COPY OF THE PETITION IN CMP.NO. 2382/15 FILED BY THE 2ND RESPONDENT AGAINST THE PETITIONER BEFORE THE CJM COURT, THALASSERY.

EXT.P3:

TRUE COPY OF THE REPRESENTEATION DT. 1/7/15 SUBMITTED BY THE 2ND PETITIONER TO THE 1ST RESPONDENT.

EXT.P4:

TRUE COPY OF THE PASS BOOK AS ON 26/7/14 IN LOAN ACCOUNT NO. LTNA 333 ON THE FILES OF THE 1ST RESPONDENT IN THE NAME OF THE 1ST PETITIONER.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.21342 of 2015 ****************************************************************************** Dated this the 21st day of July, 2015

JUDGMENT

The first petitioner availed a loan from the respondent Bank. The petitioners approached this Court impugning SARFAESI proceedings. The second petitioner approached the respondent Bank by Ext.P3 for settlement of liability after waiving interest as well as penal interest. 2.

The prayer in this writ petition is for the consideration of Ext.P3 by the respondent Bank.

Considering the facts and circumstances, this writ petition is disposed of with the following directions:

i. The respondent Bank shall consider Ext.P3 within one month.

ii. The petitioners shall deposit Rs.1 lakh on or before 17.8.2015.

iii. If the petitioners request for one time settlement of the liability, not acceptable to the Bank, the Bank shall provide instalment facility to the petitioners to clear the overdue amount not less than in six instalments along with regular EMI from the month of September, 2015 onwards.

W.P.(C) No.21342 of 2015 2 iv. It is made clear that if the petitioners commit breach in honouring anyone of the above stipulations, the Bank is free to proceed against the petitioners.

v. Coercive steps initiated against the petitioners shall be deferred in tune with the above directions.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln