ABDUL NAZIK v. THE KERALA STATE CO-OPERATIVE BANK LIMITED
WP(C)/12614/2025 · 2025-03-27
Murali Purushothaman
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 5705 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5705 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P(C) No.12614 of 2025 1 2025:KER:27224 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO.12614 OF 2025 PETITIONER:
ABDUL NAZIK, AGED 37 YEARS S/O.MOOSA, PACHAKKUNNATH HOUSE, BEERANCHIRA, TRIPRANGODE P.O., TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676108 BY ADV C.M.MOHAMMED IQUABAL RESPONDENTS: 1 THE KERALA STATE CO-OPERATIVE BANK LIMITED ERSTWHILE MALAPPURAM DISTRICT CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS GENERAL MANAGER, MALAPPURAM DISTRICT OFFICE, UP HILL P.O., MALAPPURAM, PIN - 676505 2 THE BRANCH MANAGER KERALA STATE CO-OPERATIVE BANK LIMITED, (ERSTWHILE MALAPPURAM DISTRICT CO-OPERATIVE BANK LIMITED),KARATHUR BRANCH, CODACAL P.O., MALAPPURAM DISTRICT, PIN – 676108 BY ADV.GILBERT GEORGE CORREYA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.12614 of 2025 2 2025:KER:27224 JUDGMENT The loan availed by the petitioner’s father from the 1st respondent Bank fell in arrears. The Bank issued Ext.P2 notice to the petitioner asking him to appear before the Adalath convened for One Time Settlement [OTS]. Though the petitioner appeared, his request for OTS was not considered by the Officers in the proper
perspective. Accordingly,
the petitioner’s
mother
submitted
Ext.P3 representation before the 2nd respondent. 2. The petitioner submits that, the secured asset is the residential property, wherein he, along with his family, mother and siblings are residing. Accordingly, the petitioner has sought for the indulgence of the Bank for appropriate reliefs. The limited prayer
W.P(C) No.12614 of 2025 3 2025:KER:27224 of the petitioner is for a direction to the 2nd respondent to consider Ext.P3 in accordance with law. 3. In the facts and circumstances of the case, there will be a direction to the 2nd respondent to consider Ext.P3 representation as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment. Till such time orders are passed on Ext.P3 and communicated to the petitioner, there shall not be any coercive proceedings in respect of the loan referred to in Ext.P2 notice. The writ petition is disposed of.
Sd/- MURALI PURUSHOTHAMAN JUDGE sp/29/03/2025
W.P(C) No.12614 of 2025 4 2025:KER:27224 APPENDIX OF WP(C) 12614/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE TRIPRANGODE VILLAGE OFFICE DATED 23.05.2024 Exhibit P2 THE TRUE COPY OF THE ADALAT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 24.02.2025 Exhibit P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE MOTHER OF THE PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL