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2026 Supreme(Online)(Ker) 9506

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
BAIJU KUMAR – Appellant
Versus
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES – Respondent
WP(C) NO. 15176 OF 2022



Advocates:
For the Appellants/Petitioners: SHRI.B.MOHANLAL
For the Respondents: SHRI.A.JANI(KOLLAM), SRI.V.JAYAPRADEEP, SMT.O.A.NURIYA, SRI.D.S.LOKANATHAN, SRI.ALAN PRIYADARSHI DEV, SMT.LILIN LAL GP – RIYAL DEVASSY

The court mandates a procedure for loan settlement under an OTS scheme, ensuring the right to be heard before a decision.

Headnote:The petitioner sought permission to remit the loan amount under the One Time Settlement (OTS) Scheme, which is in force in the Bank. The Court directed that the petitioner may file an application for closing the loan account under the OTS Scheme within ten days, and the Bank must consider this application with due opportunity for hearing.

Result: The writ petition is disposed of accordingly.

Table of Content
1. petitioner seeks relief under ots. (Para 1)
2. court directs procedure for loan settlement. (Para 2)

JUDGMENT

In the above writ petition, among other reliefs, the petitioner has also sought for a permission to remit the loan amount due, under the One Time Settlement(OTS) Scheme.

2. The learned counsel appearing for the respondent bank submits that an OTS Scheme is presently in force in the Bank.

Therefore, the above writ petition is disposed of as follows:

The petitioner may file an application for closing the loan account under the OTS Scheme within a period of 10 days from today. If such an application is filed by the petitioner as directed, the 2nd respondent shall consider and pass orders on the same, in accordance with law, after affording an opportunity of being heard to the petitioner.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) NO. 15176 OF 2022PETITIONER EXHIBITSExhibit P1 THE TRUE COPY OF THE DEMAND NOTICE NO. 3496/2010 IN ARC NO. 1275/2019 DATED28.09.2021 ISSUED BY THE 3RD RESPONDENTTO THE PETITIONER.

Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE NO.

3496/2010 IN ARC NO. 1275/2019 DATED 28.09.2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER'S DAUGHTER SMT. ARATHY B. KUMAR.

Exhibit P3 THE TRUE COPY OF THE PROCEEDINGS NO. S.T. 948/2022 DATED 19.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS DATED 31.03.2022 ISSUED BY THE 3RD RESPONDENTTO THE PETITIONER.

Exhibit P5 THE TRUE COPY OF THE NOTICE NO. 956/2021 DATED 21.04.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P6 THE TRUE COPY OF THE NOTICE NO. 956/2021 DATED 21.04.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER'S DAUGHTER SMT. ARATHY B. KUMAR.

RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF LOAN APPLICATION SUBMITTED BY WRIT PETITIONER.

PETITIONER.

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