Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 8361 (KER)

NOUSHAD K v. PONNANI SERVICE CO OPERATIVE BANK LTD. NO. 4841

WP(C)/17649/2024 · 2025-04-03

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:28867 WP(C) NO. 17649 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 17649 OF 2024 PETITIONERS: 1 NOUSHAD K AGED 39 YEARS S/O LATE KADAR K, KADAPRATHAKATH HOUSE, CANAL ROAD, EASWARAMANGALAM PO, PONNANI, MALAPPURAM, PIN - 679573 2 RABIYA AGED 56 YEARS W/O LATE KADAR K, KADAPRATHAKATH HOUSE, CANAL ROAD, EASWARAMANGALAM PO, PONNANI, MALAPPURAM DT., PIN - 679573 BY ADV SHOBY K.FRANCIS RESPONDENTS: 1 PONNANI SERVICE CO OPERATIVE BANK LTD. NO. 4841 REPRESENTED BY ITS SECRETARY, KUTTIKKAD, PONNANI PO, MALAPPURAM DT., PIN - 679577 2 SECRETARY PONNANI SERVICE CO OPERATIVE BANK LTD. NO. 4841, KUTTIKKAD, PONNANI PO, MALAPPURAM DT., PIN - 679577 3 BRANCH MANAGER PONNANI SERVICE CO OPERATIVE BANK LTD. NO. 4841, C V JUNCTION BRANCH, PONNANI PO, MALAPPURAM DT., PIN - 679577 BY ADV Jani A 2025:KER:28867 WP(C) NO. 17649 OF 2024 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28867 WP(C) NO. 17649 OF 2024 3 JUDGMENT The petitioners are the legal heirs of Late Kadar K, who had availed three loans from the 1st respondent Society. The loan fell in arrears and the Society initiated recovery proceedings. Exts.P4 and P5 are the demand notices issued by the Society. 2. During the pendency of this writ petition, the petitioners have made an application before the 1st respondent on 28.02.2025 for the benefit of One Time Settlement(OTS) under the Navakeraleeyam Kudishika Nivaranam Ottathavana Teerppakkal Padhathi, 2025. 3. When the writ petition came up for consideration today, the learned counsel for the Society submits that the application of the petitioner for OTS is under consideration and orders will be passed and communicated to the petitioner, soon. 3. This writ petition is disposed of with directing the competent authority of the 1st respondent to pass appropriate orders on the application of the petitioner for OTS on or before 15.04.2025 and communicate the same to the petitioners. The petitioners shall be given an opportunity of hearing before passing orders. To enable the Society to 2025:KER:28867 WP(C) NO. 17649 OF 2024 4 process the application of the petitioners, all coercive proceedings against them shall be kept in abeyance. Sd/- MURALI PURUSHOTHAMAN JUDGE GBG 2025:KER:28867 WP(C) NO. 17649 OF 2024 5 APPENDIX OF WP(C) 17649/2024 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE DEATH CERTIFICATE DATED 13-11-2023 ISSUED BY THE PONNANI MUNICIPALITY Exhibit P-2 A TRUE COPY OF THE REQUEST DATED 6-1- 2024 SENT BY THE 1ST PETITIONER TO THE 3RD RESPONDENT BY REGISTERED POST Exhibit P-3 A TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD DATED 15-1-2024 Exhibit P-4 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DATED 15-2-2024 Exhibit P-5 A TRUE COPY OF THE DEMAND NOTICE DATED 27-2-2024 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER