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2025 DAILYLAW 2980 (KER)

PIOUS MATHEW v. MEENACHIL SERVICE CO-OPERATIVE BANK LTD. NO. K-271.

WP(C)/233/2025 · 2025-04-01

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27829 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 233 OF 2025 PETITIONER: PIOUS MATHEW AGED 63 YEARS S/O. MATHEW, MAANNATH HOUSE, KIZHAPARAYAR P.O, POOVARANI VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN – 686 578. BY ADVS. JOBY JOSEPH BABY THOMAS INDRAJITH S KAIMAL ALICIA JOSE GEORGE T.J ALBERTHOVE FRANCIS.M.G. AISWARYARAJ RESPONDENTS: 1 MEENACHIL SERVICE CO-OPERATIVE BANK LTD. NO.K-271, IDAMATTOM, REPRESENTED BY ITS SECRETARY, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) MEENACHIL, PALA, KOTTAYAM, PIN – 686 578. 2 ARBITRATION & EXECUTION INSPECTOR OFFICE OF ASST. REGESTRAR (G) OF CO-OPERATIVE SOCIETIES, MEENACHIL, PALA, KOTTAYAM, PIN – 686 578. 3 SPECIAL SALE OFFICER MEENACHIL SERVICE CO-OPERATIVE BANK LTD.NO.K 271, IDAMATTOM, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), MEENACHIL, PALA, KOTTAYAM, PIN – 686 578. 2025:KER:27829 WP(C) NO.233 OF 2025 2 4 ASSISTANT REGISTRAR MEENACHIL SERVICE CO-OPERATIVE BANK LTD.NO. K 271, IDAMATTOM, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), MEENACHIL, PALA, KOTTAYAM, PIN – 686 578. BY ADVS. SHAJI THOMAS JEN JAISON THOMASKUTTY SEBASTIAN SMT. MABLE C. KURIAN – SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27829 WP(C) NO.233 OF 2025 3 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears and the Society initiated recovery proceedings. Ext.P2 is the sale notice. 2. When the writ petition came up for consideration today, it is submitted by the learned counsel for the petitioner that the petitioner intends to avail the benefit of One Time Settlement (OTS). 3. The learned counsel for the Society submits that, if the petitioner makes suitable application for One Time Settlement, the same will be considered by the Society in accordance with law. 2025:KER:27829 WP(C) NO.233 OF 2025 4 4. There will be a direction to the petitioner to make appropriate application before the 1st respondent for the benefit of OTS within one week from today. If such an application is received, the competent authority of the 1st respondent shall consider the same in accordance with law on or before 20.04.2025 and communicate the decision to the petitioner. In order to enable the Society to consider the application of the petitioner, there shall not be any coercive proceedings against the petitioner for a period of one month. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:27829 WP(C) NO.233 OF 2025 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT IN THE NAME OF MR. PIOUS MATHHEW, S/O MATHHEW, DATED 18.10.2021. EXHIBIT P2 A TRUE COPY OF THE SAID SALE NOTICE PUBLISHED IN THE DEEPIKA NEWSPAPER DATED 23.12.2024. RESPONDENT S EXHIBITS : NIL.