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2026 Supreme(Online)(Ker) 16691
IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
JAFFER ALI – Appellant
Versus
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) – Respondent
WP(C) NO. 16752 OF 2023
For the Appellants/Petitioners: SHRI.LATHEEF P.K., SMT.RAGEEBA SHAHUL
For the Respondents: SRI.P.P.THAJUDEEN, SHRI.IRFAN BASHEER, SMT SYLAJA S L., GP, SMT SAIRA SOURAJ P
A petitioner can seek credit facilities resolution through One Time Settlement without prejudicing prior obligations.
Headnote:The writ petition revolves around the request for installment clearance of outstanding credit facilities obtained from a bank. The petitioner, having delayed payment, seeks to apply for One Time Settlement (OTS) facilities. The court allows the petitioner to present the application within four weeks, obligating the bank to consider it accordingly.
Result: The writ petition is disposed of permitting the petitioner to seek OTS facilities.
| Table of Content |
|---|
| 1. overview of petitioner's request regarding credit facilities. (Para 1 , 2) |
| 2. court's observation on the procedural aspects of the case. (Para 3) |
| 3. final order permitting application for ots. (Para 4) |
JUDGMENT
The petitioner has obtained certain credit facilities from the
3rd respondent Bank. The petitioner instituted the captioned writ petition seeking a direction to the respondents to permit him to clear the outstanding in instalments.
2. While admitting this writ petition on 26.05.2023, further proceedings were directed to be kept in abeyance on the petitioner remitting Rs.1,00,000/- within two weeks from that date.
3. The learned counsel for the 3rd respondent Bank states that the afore amount has been remitted by the petitioner only on
26.11.2024, beyond the period given by this Court.
4. The learned counsel for the petitioner states that the petitioner intends to file an application seeking OTS facilities before the 3rd respondent Bank herein. In that view of the matter, I am of the opinion that the writ petition requires to be disposed of. In such circumstances, this writ petition is disposed of permitting the petitioner to make an application seeking OTS facilities before the 3rd respondent Bank. If such an application is being presented within a period of four weeks from today, the 3rd respondent Bank to consider the same, strictly in accordance with the scheme and pass orders thereon.
Sd/-
