2025:KER:28721 WP(C) NO. 11775 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 11775 OF 2025 SA NO.777 OF 2024 OF DEBT RECOVERY TRIBUNAL, ERNAKULAM PETITIONER/S: MANAF K, AGED 40 YEARS S/O IBRAHIM, KODIYATTIL, PANANGAD, KOZHIKODE, PIN - 673612 BY ADVS. GEORGE T.J INDRAJITH S KAIMAL ALICIA JOSE ALBERTHOVE FRANCIS.M.G. RESPONDENT/S: 1 THE AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD, KALLAI ROAD, CHALAPPURAM P.O, KOZHIKODE, KERALA, PIN - 673002 2 THE AUTHORISED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD.,RECOVERY AND LEGAL DEPARTMENT,REGONAL OFFICE, P.B NO. 503, KALLAI ROAD,CHALAPPURAM P.O, KOZHIKODE, PIN - 673002 SRI. P.C.SASIDHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28721 WP(C) NO. 11775 OF 2025 2 JUDGMENT Petitioner has approached this Court challenging the proceedings initiated against the provisions of the SARFAESI Act to recover amounts due under credit facilities availed by the petitioner from the respondent bank. 2. Pursuant to the interim order dated 21.03.2025, the petitioner filed an application on 24.03.2025, for availing the benefits of the ' നവ കേരളീയം കുടിശ്ശി നിവാരണ പദ്ധതി - 2025 . According to the learned counsel appearing for the petitioner,the said application is still pending and no decision has been taken on the application. 3. Learned counsel appearing for the respondent bank submits that the validity of the Scheme was only till 31.03.2025. It is submitted that, as per the instructions received from the respondent bank, the validity of the Scheme has not been extended. 4. Learned counsel appearing for the petitioner would submit, in reply, that the petitioner has been informed that the validity of the Scheme has been extended till 30.04.2025 and therefore, the application filed by the 2025:KER:28721 WP(C) NO. 11775 OF 2025 3 petitioner on 24.03.2025 may be directed to be considered by the competent Authority of the respondent bank 5. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank and having regard to the facts and circumstances noticed above, the writ petition will stand disposed of, directing that the competent Authority of the respondent bank shall consider the application filed by the petitioner on 24.03.2025 in terms of the interim order issued by this Court on 21.03.2025 either in accordance with the provisions of the ' നവ കേരളീയം കുടിശ്ശി നിവാരണ പദ്ധതി - 2025 or in terms of the general policy of the bank. A decision shall be taken on the application for One Time settlement and such decision shall be duly communicated to the petitioner without undue delay. Till such time a decision is taken and communicated to the petitioner, further proceedings under the SARFAESI Act shall remain suspended. Sd/- GOPINATH P. JUDGE ajt 2025:KER:28721 WP(C) NO. 11775 OF 2025 4 APPENDIX OF WP(C) 11775/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPIES OF THE MEDICAL TREATMENT RECORDS OF THE PETITIONER’S FATHER AND OF THE PETITIONER. Exhibit P2 A NOTICE UNDER SECTION 71 OF THE KERALA LAND REVENUE RECOVERY ACT OF 1968 DATED 28/09/2021. Exhibit P3 A TRUE COPY OF THE ORDER DATED 14/02/2022 IN I.A NO. 1/2022 IN WP (C) NO. 22062/2021 OF HIGH COURT OF KERALA. Exhibit P4 A TRUE COPY OF THE COMMISSIONER’S NOTICE DATED 30/04/2024. Exhibit P5 A TRUE COPY OF THE REPRESENTATION PREFERRED BEFORE THE DEFENDANT BANK DATED 30/04/2024. Exhibit P6 A TRUE COPY OF THE ORDER DATED 14/05/2024 IN WP(C) NO. 17555/2024 OF HIGH COURT OF KERALA. Exhibit P7 A TRUE COPY OF THE RECEIPT OF REMITTANCE RS. 500000/- DATED 25/05/2024. Exhibit P8 A TRUE COPY OF THE JUDGEMENT DATED 23/08/2024 IN WP(C) NO. 17555/2024 OF HIGH COURT OF KERALA. Exhibit P9 A TRUE COPY OF THE ORDER DATED 28/10/2024 IN I.A NO. 3847/2024 IN S.A NO. 777/2024 OF THE HON’BLE PO DRT-I. Exhibit P10 A TRUE COPY FOR THE RECEIPT DATED 12/12/2024 OF REMITTANCE OF RS. 3,00,000/- . Exhibit P11 A TRUE COPY FOR THE RECEIPT DATED 19/12/2024 OF REMITTANCE OF RS. 95,243/-. Exhibit P12 A TRUE COPY OF THE MEMO ALONG WITH RECEIPT DATED 20/03/2025.