Kerala High Court
P.Abdul Rahman Haji vs The Malappuram District Co-Operative ... on 11 July, 2017
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY,THE 11TH DAY OF JULY 2017/20TH ASHADHA, 1939
WP(C).No. 22995 of 2017 (Y)
----------------------------
PETITIONER :
---------------------
P.ABDUL RAHMAN HAJI,
S/O.MUHAMMED HAJI, AGED 66 YEARS,
VATTAPOYIL HOUSE, CHEEKKODU.P.O.,
MALAPPURAM DISTRICT-673 645.
BY ADV. SRI.P.E.SAJAL
RESPONDENT(S):
----------------------------
1. THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LIMITED.,
MALAPPURAM, REPRESENTED BY ITS GENERAL MANAGER,
HEAD OFFICE, UP HILL, MALAPPURAM DISTRICT.
2. THE ADMINISTRATOR, THE MALAPPURAM
DISTRICT CO-OPERATIVE BANK LIMITED,
MALAPPURAM, HEAD OFFICE, UP HILL,
MALAPPURAM DISTRICT.
R1 & R2 BY SRI.I.V.PRAMOD, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11-07-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 22995 of 2017 (Y)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE JUDGMENT IN WP(C).NO.31894/2016
EXHIBIT P2 COPY OF THE RECEIPT.
EXHIBIT P3 COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER.
EXHIBIT P4 COPY OF THE DISABILITY CERTIFICATE OF THE SON OF THE
PETITIONER.
EXHIBIT P5 COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE
PETITIONER AND THE BUYER.
EXHIBIT P6 COPY OF THE REPRESENTATION PREPARED BEFORE THE
ADMINISTRATOR.
EXHIBIT P7 COPY OF THE REPRESENTATION PREPARED BEFORE THE GENERAL
MANAGER OF THE RESPONDENT BANK.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO JUDGE
sts
SHAJI P. CHALY, J.
--------------------------------------------------
W.P.(C) No.22995 of 2017
-----------------------------------------------
Dated this the 11th day of July, 2017
JUDGMENT
Petitioner has availed an over draft facility from the respondent Bank. The repayment was defaulted and consequently, Bank initiated action which finally culminated in proceedings under the SARFAESI Act. Anyhow, while so, petitioner has submitted Ext.P6 application seeking to settle the matter in One Time Settlement (OTS) scheme, which is pending consideration before the respondent Bank. Petitioner seeks appropriate relief to settle the transaction by paying off the amount in reasonable equated monthly installments.
2. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents and perused the documents on record and the pleadings put forth by the petitioner.
3. Learned counsel for the petitioner sought indulgence of this Court permitting the petitioner to pay the outstanding amounts in reasonable installments, after applying the OTS scheme. Learned counsel for the respondents submitted that W.P.(C) No.22995 of 2017 2 an amount of Rs.24,37,019/- is pending due from the petitioner as on 06.07.2017.
4. Having regard to the facts and circumstances of the case, and the adverse financial and economic situation prevailing in the community, I think it is only appropriate that the petitioner is provided with an opportunity to pay off the amounts in reasonable equated monthly installments. However, in order to provide such a benefit, petitioner will have to show his bonafides.
5. Therefore, there will be a direction to the petitioner to remit an amount of Rs.3,00,000/- (Rupees Three Lakhs only) within one month from today, and the balance amount within three months from a statement of accounts is provided to the petitioner applying the OTS scheme. I make it clear that, if any of the directives contained above is violated by the petitioner, the Bank will be at liberty to proceed in accordance with law.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE St/-
11.07.2017