Viswanathan Mannadiar Vs. Chittur Primary Co-operative Agricultural and Rural Developm - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE20H DAY OF FEBRUARY20141ST PHALGUNA, 1935 WP(C).No. 6702 of 2013 (K) --------------------------- PETITIONER : -------------------- VISWANATHAN MANNADIAR S/O.APPU MANNADIAR, PANDARAPATTOM, PALLASSANA VILLAGE CHITTUR TALUK, PALAKKAD DISTRICT. BY ADVS.SRI.SURIN GEORGE IPE SRI.S.SUDARSANAN RESPONDENT(S) : ---------------------------- 1. THE CHITTUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.P.819 CHITTUR P.O., PALAKKAD - 678101 REPRESENTED BY ITS SECRETARY.

2. SPECIAL SALE OFFICER, THE CHITTUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.P.819 CHITTUR P.O., PALAKKAD67810. R1 BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN H. R2 BY PUBLIC PROSECUTOR SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2002-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 6702 of 2013 (K) APPENDIX PETITIONERS' EXHIBITS : --------------------------------------- EXT.P-1 TRUE PHOTOCOPY OF THE DIAGNOSIS CERTIFICATE ISSUED BY THE DEPARTMENT OF PATHOLOGY, MEDICAL COLLEGE HOSPITAL, THRISSUR. EXT.P-2 TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY PALLASSANA GRAMA PANCHAYAT DATED112.2011. EXT.P-3 TRUE PHOTOCOPY OF THE AUCTION NOTICE ISSUED BY THE1T RESPONDENT BANK DATED301.2013. RESPONDENTS' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 6702 of 2013 - - - - - - - - - - - - - - - - Dated 20th February, 2014 - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT

The petitioner, a defaulter in repaying the loan availed of from the respondent Bank is before this Court challenging the recovery proceedings initiated against him. The liability and the default is admitted and the only contention is against failure to intimate quantification. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of, on the following terms:- (i). The petitioner shall produce a certified copy of this judgment before the 1st respondent Bank within two weeks of receipt of the same. (ii). The 1st respondent shall quantify the amounts due and inform the petitioner in writing the amounts due as on 28.2.2014. (iii). The 1st respondent shall grant twelve monthly instalments for the payment of the balance dues, starting from 20.3.2014. WP(C).6702/13 2 (iv). Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default. (v) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue. (vi). On the twelfth instalment being satisfied, the respondent Bank shall issue a statement of the interest accrued from 28.2.2014 which shall be satisfied by the petitioner on the 20th of the succeeding month. (vii). On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable. It is made clear that the respondent Bank will be free to proceed with the recovery if the above conditions are not complied with.

4. It is submitted by the learned counsel appearing for the respondent Bank that there is a Scheme of One Time Settlement termed as 'Ashwas-2014' which is in WP(C).6702/13 3 operation till 15.3.2014. If the petitioner is desirous of applying under the Scheme and he is granted a favourable order under the Scheme, then he would be entitled to avail of the OTS Scheme and deposit the amounts as directed by the Bank under the Scheme. If the benefit of the Scheme is availed of, the petitioner cannot take recourse to the instalment granted by this Court. In the absence of the Scheme being applied, the loan shall be settled as per the instalment granted by this Court. The writ petition is disposed of. Sd/- K.VINOD CHANDRAN, Judge Mrcs //True Copy//