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2022 Supreme(Online)(KER) 31352
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 WA NO. 815 OF 2020 AGAINST THE ORDER/JUDGMENT IN WP(C) 10012/2020 OF HIGH COURT OF KERALA APPELLANT:
K.B.SASIKUMARAN PILLAI AGED 64 YEARS S/O. LATE N.BHASKARAN ASAN, VAZHAVILA VEEDU, KURUMANDAL, PARAVUR, KOLLAM.
BY ADV B.MOHANLAL RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, CO- OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695
001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES GOVERNEMNT OF KERALA, STATUE, THIRUVANANTHAPURAM-695 001.
3 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, COLLECTORATE, CIVIL STATION P.O., KOLLAM-691 013.
4 THE S.N.V.R.C.BANK LIMITED NO.1685, PARAVUR P.O., KOLLAM-691 301, REPRESENTED BY ITS SECRETARY.
5 THE BOARD OF DIRECTORS OF S.N.V.R.C.BANK LIMITED NO.1685, PARAVUR P.O., KOLLAM-691301, REPRESENTED BY ITS PRESIDENT.
6 THE SALE OFFICER, S.N.V.R.C. BANK LIMITED NO.1685, PARAVUR P.O., KOLLAM-691
301 (THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, ARBITRATOR).
BY ADVS.
GOVERNMENT PLEADER SRI.B.SURESH KUMAR SRI PRINCY XAVIER-SR.GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
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WA No.815 of 2020 (arising out of the judgment in WP(C) No.10012/2020 dated 27.05.2020 and the judgment in R.P.
No.410/2020 dated 23.06.2020 of the learned Single Judge)
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Dated this the 17th day of June, 2022
J U D G M E N T
ALEXANDER THOMAS, J.
The above writ appeal has been directed against the impugned judgment dated 27.05.2020 rendered by the learned Single Judge dismissing the instant WP(C) No.10012/2020 as confirmed by the order dated 23.06.2020 rendered by the learned Single Judge dismissing RP No.410/2020 in the said WP(C). The appellant herein is the petitioner in the WP(C) and the respondents herein are the respondents in the WP(C).
2. Heard Sri.B.Mohan Lal, learned Counsel appearing for the appellant in the writ appeal, Sri.B.Suresh Kumar, learned Counsel for the respondents 4 & 5 in the writ appeal (Co-operative Bank) and Smt. Princy Xavior, learned Senior Government Pleader appearing for the official respondents no. 1 to 3 & 6.
3. The prayers in the Writ Petition (Civil) No.10012/2020 are as follows:
6th Respondent and issue a writ of certiorari or other appropriate writ order or direction quashing Ext.P1 and P10 orders declining to extend the benefit of OTS Scheme to the Petitioner in the light of Ext.P7 Circular and Ext.P9 order.
(ii) To issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to grant OTS Facility to the petitioner in respect of Ordinary Loan No:OL-13482 and Business Cash Credit Loan No: BCC 401 availed by the Petitioner from the 4th Respondent Bank in the light of Ext.P7 Circular and Ext.P9 Order of the 3rd Respondent within a stipulated time as directed by this Hon'ble Court and till then, coercive proceedings against the Petitioner may be kept in abeyance.
(iii) To declare that the Petitioner is entitled to get OTS Facility in respect of Ordinary Loan No:OL-13482 and Business Cash Credit Loan No:BCC 401 availed by the Petitioner from the 4th Respondent Bank in the light of Ext.P7 Circular and Ext.P9 Order of the 3rd Respondent.
(iv) To issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents 4 to 6 to compute interest at the rate 13% towards Ordinary Loan No:OL- 13482 and Business Cash Credit Loan No: BCC 401 and to extend the benefit of OTS Facility to the petitioner in the light of Ext.P7 Circular and Ext.P9 Order of the 3rd Respondent and to give credit of the remittances made by the petitioner in the two loans within a stipulated time as directed by this Hon'ble Court.
(v) The petitioner is entitled to get compute interest at the rate 13% towards Ordinary Loan No:OL-13482 and Business Cash Credit Loan No:BCC 401 and to extend and benefit of OTS Facility to the Petitioner in the light of Ext.P7 Circular and Ext.P9 Order of the 3rd Respondent and to give credit of the remittances made by the Petitioner in the two loans.
(vi) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.
4. The above writ proceedings is in relation to liabilities of the appellant petitioner in respect of two separate loan transactions entered into by him with the respondents 4 and 5 Bank. The first loan transaction is referred to in Ext.P1 Execution Proceedings in Arbitration Reference case in ARC No.325/2016 which has culminated into an award passed in the said Arbitral Reference Proceedings under Section 69 of the Kerala Co-operative Societies Act, 1969. The 2nd loan transaction entered into by the petitioner with the respondent Bank is a cash credit facility taken for a business transaction and it is styled as BCC No. (Business Cash Credit) 401. As regards the first loan transaction, the learned Single Judge has recorded in paragraph 4 of the impugned judgment in the WP(C) that the respondent Bank is agreeable to extent the One Time Settlement Scheme (OTS Scheme) in respect of the said first loan and the petitioner also agreed to the said proposal and undertook to discharge liability based on the computation indicated in paragraph 5 of the statement dated 21.05.2020 filed by the respondent Bank in the WP(C). In the last paragraph of th
