IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
ALEYAMMA THOMAS – Appellant
Versus
KANJIRAPPALLY SERVICE CO-OPERATIVE BANK LTD. – Respondent
| Table of Content |
|---|
| 1. petitioners are seeking relief against the bank's claims. (Para 1) |
| 2. court permits petitioners to request one time settlement. (Para 2 , 3) |
JUDGMENT
The 1st petitioner is the wife of late N. Thomas Augustine. Petitioners 2 and 3 are children of late N. Thomas Augustine. Late N. Thomas Augustine had availed credit facilities from the respondent bank. On default being committed the bank initiated proceedings under Section 69 of the Kerala Co-operative Societies Act , 1969 and obtained Exhibit P3 Award determining the liability. The petitioners are before this Court seeking the following reliefs:-
‘’i. Issue a writ of Certiorari or other appropriate writ quashing ExhibitP3;
ii. Issue a writ of Mandamus directing the respondents to permit the petitioners to settle the liability through OTS / rescheduling / installment facility or through sale of part of the pledgéd property by private negotiation and to accept the sale proceeds in full and settlement;
iii. Direct the respondents to consider the inclusion of the deceased borrower’s loan under the cancer loan write-off scheme or similar equitable relief in force at the relevant time;
iv. Declare that coercive recovery pro
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