Vijayamma Vs. the Kollam District Co-operative Bank - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126479
CourtKerala High Court
Decided OnFeb-11-2014
JudgeHONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
AppellantVijayamma
RespondentThe Kollam District Co-operative Bank
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.r.ramachandra menon tuesday, the11h day of february201422nd magha, 1935 wp(c).no. 1286 of 2014 (i) --------------------------- petitioner(s): -------------- vijayamma aged48years w/o.late bhalgunan, pulleril veedu (bhalguna nivas) kottakkakathu cherry, perinadu p.o., kollam district. by advs.sri.c.rajendran smt.r.s.sreevidya respondent(s): ---------------------------- 1. the kollam district co-operative bank chinnakkada, p.b.no.130, kollam69100.2. the authorized officer the kollam district co-operative bank, chinnakkad p.o.no.130, kollam69100. r1 by adv. sri.t.r.harikumar, sc, kollam district cooperative bank ltd. this writ petition (civil) having come up for admission on1102-2014, the court on the same day delivered the following: rkc wp(c).no. 1286 of 2014 (i) --------------------------- appendix petitioner(s)' exhibits ------------------------ exhibit-p1: a true copy of the death certificate issued by the ministry of united arab emirates. exhibit-p2: a true copy of the power of attorney. exhibit-p3: a true copy of the letter dated2604/2009. exhibit-p4: a true copy of the notice dated1102/2013. exhibit-p5: a true copy of the notice dated0601/2014. respondent(s)' exhibits : nil rkc true copy pa to judge p.r. ramachandra menon, j.------------------------------------------- w.p.(c). no.1286 of 2014 -------------------------------------------- dated this the 11th day of february, 2014 judgment the petitioner is the widow of bhalgunan, who had availed a loan of 50,000/- from the respondent bank in the year 2000. the petitioner's husband was employed abroad and pursuant to an accident he bid farewell to this world as borne by ext.p1 death certificate. the bank has proceeded with coercive steps against the property which made the petitioner to approach this court by filing this writ petition.2. the learned counsel for the petitioner submits that earnest efforts are being taken to clear the liability and that the prayer is only to have some breathing time. it is also stated that the government has recently declared a welfare scheme under the style as "aswaas 2014" and that the petitioner is entitled to have the benefits and the concessions thereunder.3. the learned counsel appearing for the respondent bank submits that the validity of the scheme, as on date, is till 15.3.2014 and if the petitioner files an application for the benefit w.p.c. no.1286 of 2014 -2- of the scheme, it will definitely be considered and eligible extent of relief will be given to the petitioner as well.4. in the said circumstances, the petitioner is at liberty to file an application claiming the benefit as above scheme within two weeks' from the date of receipt of a copy of the judgment; upon which the same shall be considered and appropriate orders shall be passed for extending the benefits of the scheme to the petitioner if eligible. further proceedings pursuant to exts.p4 and p5 shall be kept in abeyance and will be subject to the orders to be passed by the respondent bank as above and satisfaction of the liability by the petitioner accordingly. the writ petition is disposed of as above. the petitioner shall produce a copy of this judgment along with a copy of the writ petition before the concerned respondent for further steps. sd/- p.r. ramachandra menon, judge. rkc
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 WP(C).No. 1286 of 2014 (I) --------------------------- PETITIONER(S): -------------- VIJAYAMMA AGED48YEARS W/O.LATE BHALGUNAN, PULLERIL VEEDU (BHALGUNA NIVAS) KOTTAKKAKATHU CHERRY, PERINADU P.O., KOLLAM DISTRICT. BY ADVS.SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): ---------------------------- 1. THE KOLLAM DISTRICT CO-OPERATIVE BANK CHINNAKKADA, P.B.NO.130, KOLLAM69100.

2. THE AUTHORIZED OFFICER THE KOLLAM DISTRICT CO-OPERATIVE BANK, CHINNAKKAD P.O.NO.130, KOLLAM69100. R1 BY ADV. SRI.T.R.HARIKUMAR, SC, KOLLAM DISTRICT COOPERATIVE BANK LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC WP(C).No. 1286 of 2014 (I) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT-P1: A TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE MINISTRY OF UNITED ARAB EMIRATES. EXHIBIT-P2: A TRUE COPY OF THE POWER OF ATTORNEY. EXHIBIT-P3: A TRUE COPY OF THE LETTER DATED2604/2009. EXHIBIT-P4: A TRUE COPY OF THE NOTICE DATED1102/2013. EXHIBIT-P5: A TRUE COPY OF THE NOTICE DATED0601/2014. RESPONDENT(S)' EXHIBITS : NIL RKC TRUE COPY PA TO JUDGE P.R. RAMACHANDRA MENON, J.

------------------------------------------- W.P.(C). No.1286 of 2014 -------------------------------------------- Dated this the 11th day of February, 2014 JUDGMENT

The petitioner is the widow of Bhalgunan, who had availed a loan of 50,000/- from the respondent bank in the year 2000. The petitioner's husband was employed abroad and pursuant to an accident he bid farewell to this world as borne by Ext.P1 death certificate. The bank has proceeded with coercive steps against the property which made the petitioner to approach this Court by filing this writ petition.

2. The learned counsel for the petitioner submits that earnest efforts are being taken to clear the liability and that the prayer is only to have some breathing time. It is also stated that the Government has recently declared a welfare Scheme under the style as "Aswaas 2014" and that the petitioner is entitled to have the benefits and the concessions thereunder.

3. The learned counsel appearing for the respondent Bank submits that the validity of the Scheme, as on date, is till 15.3.2014 and if the petitioner files an application for the benefit W.P.C. No.1286 of 2014 -2- of the Scheme, it will definitely be considered and eligible extent of relief will be given to the petitioner as well.

4. In the said circumstances, the petitioner is at liberty to file an application claiming the benefit as above Scheme within two weeks' from the date of receipt of a copy of the judgment; upon which the same shall be considered and appropriate orders shall be passed for extending the benefits of the Scheme to the petitioner if eligible. Further proceedings pursuant to Exts.P4 and P5 shall be kept in abeyance and will be subject to the orders to be passed by the respondent Bank as above and satisfaction of the liability by the petitioner accordingly. The writ petition is disposed of as above. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the concerned respondent for further steps. Sd/- P.R. RAMACHANDRA MENON, JUDGE. rkc