IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 15345 of 2005(B)
1. MELOTH ASHOKAN NAMBIAR,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE JOINT REGISTRAR, CO-OPERATIVE
3. THE SALE OFFICER CUM SENIOR INSPECTOR
4. HOSDURG PRIMARY CO-OPERATIVE
For Petitioner :SRI.SUBHASH CYRIAC
For Respondent :SRI.T.R.RAMACHANDRAN NAIR,SC,HPCA&RDBAN
The Hon'ble MR. Justice K.THANKAPPAN
Dated :10/08/2006
O R D E R
K.THANKAPPAN, J.
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W.P.(C)NOS.15345, 16259,
17641 & 19198 OF 2005
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Dated this the 10th day of August, 2006
JUDGMENT
All the petitioners in these Writ Petitions have taken loans from Hosdurg
Primary Co-operative Agricultural and Rural Development Bank. As repayment
of the loans became due, steps were taken against the petitioners to recover the
loan amounts by selling their properties. Aggrieved by the above, the petitioners
have approached this Court praying that the loan may be re-scheduled and they
may be given further time to remit the loan amounts. They also seek the benefit
of One Time Settlement Scheme as per the existing circulars. The petitioners
have a further case that the account kept by the Bank regarding repayment of the
loans is not correct.
2. When these Writ Petitions came up for admission, this Court granted
interim stay of all further proceedings on condition that the petitioners,( except
the petitioner in W.P.(C)No.16259 of 2005( deposit certain amount within a
specified time. This Court had also directed the learned Standing Counsel for
the Bank to file a statement showing the payments made by the petitioners.
3. Learned Standing Counsel for the Bank submits that the loans availed
WP(C)NOS.15345/05 & CON.CASES 2
of by the petitioners cannot be considered under One Time Settlement Scheme
and that if the petitioners pay part of the amount over due within a specified time
and apply for the benefit of the Scheme or to re-schedule the loan, the Bank shall
consider their case. In the above circumstances, the petitioner in W.P.(C)
Nos.15345, 16279 and 17641 of 2005 are directed to remit an amount of
Rs.15,000/- each and the petitioner in W.P.(C) No.19198 of 2005 is directed to
remit a sum of Rs.5000/- within one month from today. The petitioners are also
directed to file representations before the Bank within 30 days from today. If
such representations are received by the Bank, the same shall be considered and
disposed of by the Bank within 30 days from the date of receipt of the
representations. The contention of the petitioners that the account kept by the
Bank regarding repayment of the loans is not correct can also be considered by
the Bank while taking a decision on the representations.
The Writ Petitions are disposed of as above.
(K.THANKAPPAN, JUDGE)
sp/
WP(C)NOS.15345/05 & CON.CASES 3
K.THANKAPPAN, J.
W.P.(C)NOS.15345, 16259,
17641 & 19198/2005
JUDGMENT
10TH AUGUST, 2006