2025:KER:27923 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 43993 OF 2024 PETITIONER/S: 1 RENJITH V.S, AGED 39 YEARS S/O SUKUMARAN, VADAKKEKARA HOUSE, POONJAR THEKKEKARA P.O., MEENACHIL TALUK, KOTTAYAM DIST, PIN - 686582 2 LEELAMMA CHACKO, AGED 39 YEARS W/O RENJITH V.S., VADAKKEKARA HOUSE, POONJAR THEKKEKARA P.O., MEENACHIL TALUK, KOTTAYAM DIST, PIN - 686582 BY ADV M.V.RAJENDRAN NAIR RESPONDENT/S: 1 THE BRANCH MANAGER, THE MEENACHIL EAST URBAN CO-OPERATIVE BANK LTD. NO. 4266, POONJAR THEKKEKARA P.O., MEENACHIL TALUK, KOTTAYAM DIST, PIN - 686582 2 THE AUTHORISED OFFICER, THE MEENACHIL EAST URBAN CO-OPERATIVE BANK LTD. NO. 4266, POONJAR THEKKEKARA P.O., MEENACHIL TALUK, KOTTAYAM DIST, PIN - 786582 BY ADVS. 2025:KER:27923 W.P.(C)No.43993 of 2024 2 Mariya Rajan SHINU J.PILLAI(K/223/2005) S.SUJA(K/87/2005) ANN MARIYA JOHN(K/782/2021) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27923 W.P.(C)No.43993 of 2024 3 JUDGMENT The petitioners availed credit facilities from the respondent Bank. On default being committed, proceedings have been initiated against the petitioners and the property of the petitioners was brought to sale. The property was purchased by the bank as there were no bidders for the property. The amount received from sale of the property has been adjusted against the loan liability. 2. The learned counsel appearing for the petitioners would submit that the petitioners are willing to settle the loan liability under one time settlement and the bank may be directed to re-convey the property of the petitioners. 3. The learned counsel appearing for the respondent Bank submits that if the petitioners move a suitable application, the Bank is willing to consider whether some waiver of interest etc can be granted to the petitioners. It is submitted that on the petitioners remitting the amount as per the decision of the Bank, the property can be re- conveyed to the petitioners. 2025:KER:27923 W.P.(C)No.43993 of 2024 4 4. The learned counsel appearing for the petitioners would submit that the petitioners will make a comprehensive representation seeking waiver of interest as also for re-conveyance of the property and the same may be directed to be considered by the competent authority of the respondent bank. Having heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent bank, this writ petition will stand disposed of directing the petitioners to submit a comprehensive representation within ten day from today (01.04.2025) seeking waiver of interest and also for the re- conveyance of the property, the same shall be considered by the competent authority of the respondent Bank. If the petitioners remit the amount demanded by the bank on consideration of the representation to be submitted by the petitioners, the property of the petitioners shall also be re-conveyed to the petitioners, if necessary, by cancelling the sale conducted in favour of the bank, since it is submitted that the Bank has so far not registered the property in its name and has also not mutated the property in its name. It is 2025:KER:27923 W.P.(C)No.43993 of 2024 5 directed that the re-conveyance to the petitioners can be done without any further act of registration or execution of any further documents. The writ petition will stand disposed of accordingly. Sd/- GOPINATH P. JUDGE Scl/ 2025:KER:27923 W.P.(C)No.43993 of 2024 6 APPENDIX OF WP(C) 43993/2024 PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE JUDGMENT DATED 04.12.2023 IN W.P.(C) NO.8130/2022 OF THIS HON’BLE COURT Exhibit-P2 THE TRUE COPY OF THE SALE NOTICE DATED 28.10.2024 ISSUED BY THE SECOND RESPONDENT RESPONDENT EXHIBITS Exhibit R1(A) A true copy of the Tender Form dated 06.12.2024 submitted by the bidder Exhibit R1(B) True copy of the order dated 22.12.2023 Exhibit R1(C) The true copy of the valuation report dated 06.07.2023