Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941 PETITIONER/S: PREETHA S AGED 45 YEARS W/O LATE SANTHOSHKUMAR, PUTHENVEEDU HOUSE, MUTTAKKAVU MURI, NEDUMPANA VILLAGE, KOLLAM TALUK, NEDUMPANA P.O., KOLLAM DISTRICT-691 576. BY ADV. SRI.ARUN MATHEW VADAKKAN RESPONDENT/S: 1 KALAKKODE SERVIE CO-OPERATIVE BANK LTD REPRESENTED BY ITS AUTHORISED OFFICER, BOOTHAKULAM ROAD, 2 THE SPECIAL SALE OFFICER KALAKKODE SERVICE CO-OPERATIVE BANK LTD., BOOTHAKULAM ROAD, BY ADV. SRI.M.R.SASITH-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner, who claims to be the wife of late.Santhoshkumar, submits that while her husband was alive, she and he had obtained two loans from the 1 st respondent- Bank. She says that her husband died after prolonged illness, which had led to paralysis; and therefore, that she has been financially ruined. Her limited prayer in this writ petition is that she be allowed to pay off the balance in these loan accounts in easy instalments and that the Bank be directed not to execute Ext.P2 Award during that period.
2. The learned standing counsel for the 1 st respondent -
Bank, Sri.M.R.Sasith, submits that the Bank is willing to consider any offer for settlement, if made by the petitioner; and that this can be done, taking note of the petitioner's present plight. He adds that if the petitioner makes such an offer within a short time frame, the Board of Directors of the Bank will consider the same and intimate the resultant order to her, after hearing her also.
3. The learned counsel for the petitioner, Sri.Arun Mathew Vadakkan, submits that his client will accept this suggestion and prays that this writ petition be ordered on such terms.
4. In the afore circumstances, I leave liberty to the
petitioner to approach the 1st respondent - Bank with an offer for settlement of the entire loan liability, covered by Ext.P2 Award, within a period of two weeks from the date of receipt of a copy of this judgment; in which event, the competent Authority of the Bank will consider the same, after affording an opportunity of being heard to the petitioner; and will intimate to her the resultant order/proceedings within a period of one month from the date on which such representation is received by them.
5. Needless to say, until such time as the afore exercise is completed, all further action being pursued by the Bank for execution of Ext.P2 Award shall stand deferred. This writ petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN rp JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 16.8.2018 IN O.P. (G.W) NO.11/2018 BY THE ADDL. DISTRICT JUDGE IV, KOLLAM. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 30.1.2017 IN ARC NO.2319/2016.