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2026 Supreme(Online)(Ker) 12523

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SHIJU YOHANNAN – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK LTD – Respondent
WP(C) NO. 6829 OF 2026



Advocates:
For the Appellants/Petitioners: SMT. E.V. MOLY
For the Respondents: SHRI. K.S. ARUN KUMAR

The court allows a petitioner to join the One Time Settlement Scheme, by setting conditions and staying further proceedings.

Headnote:The petitioner's request for an opportunity to avail the One Time Settlement Scheme was discussed, noting that the advocate commissioner is set to take possession of secured assets imminently. The respondent Bank indicated the outstanding liability of approximately ₹41 lakhs and proposed that if the petitioner submits a settlement application within five days with an upfront payment of ₹4 lakhs, it would be considered under the applicable scheme. The court granted permission subject to conditions and stayed coercive proceedings for ten days.

Result: The writ petition is disposed of.

Table of Content
1. consideration for one time settlement before asset possession. (Para 1 , 2)

JUDGMENT

(Dated this the 20th day of February, 2026)

The learned counsel for the petitioner submits that the petitioner may be granted an opportunity to avail the One Time Settlement (OTS) Scheme presently in force. It is submitted that the Advocate Commissioner has scheduled to take physical possession of the secured assets tomorrow, i.e., on 21.02.2026. Hence, a short breathing time may be granted to enable the petitioner to avail the benefit of the One Time Settlement scheme before the respondent Bank.

2. The learned counsel appearing for the respondent Bank, on instructions, submits that the outstanding liability is approximately ₹41 lakhs. It is further submitted that if the petitioner submits an application for One Time Settlement within five days from today (20.02.2026), along with an upfront payment of ₹4 lakhs, the same shall be considered by the respondent Bank in accordance with the applicable scheme, and the decision thereon shall be communicated to the petitioner within ten days thereafter.

In the above circumstances, the permission sought for is granted on condition that the petitioner submits an application for One Time Settlement within five days from today (20.02.2026), along with an upfront payment of ₹4 lakhs. In the meanwhile, all coercive proceedings shall stand stayed for a period of ten days from today.

The writ petition is disposed of as above.

Sd/-

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