Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY,THE17H DAY OF FEBRUARY201428TH MAGHA, 1935 WP(C).No. 7798 of 2011 (Y) --------------------------- PETITIONER : -------------------- RAJENDRAN R., S/O. RAJAN V., RAJ NIVAS, MANTHURUTHY, KAVA MALAMPUZHA, PALAKKAD DISTRICT. BY ADV. SRI.E.A.BIJUMON RESPONDENT(S) : ---------------------------- 1. THE AUTHORIZED OFFICER, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD - 1.
2. VILLAGE OFFICER OF MALAMPUZHA, VILLAGE OF PALAKKAD TALUK, PALAKKAD DISTRICT PIN - 678 651. R1 BY ADV. SRI. M.P.ASHOK KUMAR R2 BY GOVT.PLEADER SRI. JOSE AEDAIODI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1702-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 7798 of 2011 (Y) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE DEMAND NOTICE DATED76.2010. EXT.P2 COPY OF THE SALE NOTICE ISSUED ON131.2011 DEMANDING AN AMOUNT OF RS. 1,21,140/- EXT.P3 COPY OF THE MEDICAL CERTIFICATE DATED83.2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn A.V.RAMAKRISHNA PILLAI, J.
= = = = = = = = = = = = = = = = = W.P(C) No.7798 of 2011 = = = = = = = = = = = = = = = = = = Dated this the 17th day of February, 2014 JUDGMENT
Aggrieved by the coercive action taken against the property of the petitioner by the respondents, the petitioner has come up before this Court.
2. The petitioner had availed a housing loan of 75,000/- by mortgaging his property to construct a residential house in the year 2001. Thereafter, he remitted 25,000/-. Since the petitioner defaulted in repaying the loan amount, respondents 1 and 2 proceeded against the property of the petitioner.
3. This Court by order dated 11.3.2011 while admitting the writ petition, directed that status quo as on that date be maintained for a period of one month, in the event of the petitioner depositing the sum of 25,000 on or before 31.3.2011. The petitioner did not remit the amount as directed and subsequently on 6.4.2011, further time of 10 days with effect from that date was granted to the petitioner. It was made clear that the non-deposit of the said amount would entail in automatic recalling of the said order. WP(C).7798/2011 -:2:- 4. Later on 5.7.2011, in the light of the undertaking made by the learned counsel for the petitioner as well as the willings expressed by the respondent bank to examine the claim of the petitioner for the benefits flowing from Circular No.41 of 2003 on condition that the petitioner should deposit a sum of 80,000/-, it was directed that on deposit of such amount along with appropriate application for claiming the benefits of the Circular No.41 of 2003 dated 23.06.2011, bank should consider the said request and take appropriate decision thereafter.
5. Today, when the matter came up for hearing, the learned counsel for the petitioner submitted that the petitioner has remitted almost a major portion of the amount due. However, there is some dispute between the petitioner and respondent bank regarding the rate of interest. It is further submitted that though the matter came up before the Adalath constituted by the respondent bank during the previous week, the same could not be settled on account of the pendency of this case.
6. As this Court feels that the remaining issue can be settled between the petitioner and the respondent bank, this Court is of the definite view that the petitioner can be permitted to approach WP(C).7798/2011 -:3:- the respondent bank with a representation for extending the benefit under the Scheme "Aswas 2014". Therefore, the writ petition is disposed of permitting the petitioner to approach the respondent bank with a representation claiming the benefit of the Scheme "Aswas 2014", which can be done at the earliest, as the scheme will expire during March, 2014. In the event of filing such a representation, the same shall be considered by the respondent bank favourably and appropriate orders shall be passed without delay. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj /True Copy/ P.A to Judge