Writ relief denied where auction did not occur and One Time Settlement opportunity was offered but not availed by petitioners.

JUDGMENT

This writ petition has been filed seeking the following reliefs:-

‘’(i) Issue a writ of mandamus or any other appropriate writ, or order restraining the respondents 1 and 2 from proceedings with the proposed auction of the property mentioned in Exhibit.P2 in view of the failure to comply with the statutory requirement of 30 days’ notice before putting an immovable property to sale following the procedure prescribed under Rule 81(e) of the Kerala Co-

operative Societies Rules.

(ii) Issue a writ of mandamus or any other appropriate writ, or order commanding the 1^st respondent to take follow-up action on Exhibit.P7 request dated 22.12.2025 submitted by the 1st petitioner addressed to the 1^st respondent bank without any further delay.’’

2. Learned counsel appearing for the respondent bank submits that the sale of the mortgaged property pursuant to Exhibit P2 did not take place. It is submitted that, therefore, the first relief has become infructuous. In so far as the second relief is concerned, it is the submission of the learned counsel appearing for the respondent that, the application filed by the petitioners for One Time Settlement was considered. It is submitted that, the petitioners were permitted to settle the liability by paying a sum of Rs.52,22,362/-, after giving waiver of a substantial amount of Rs.72,91,349/-. It is also submitted by the learned counsel appearing for the respondent bank that though the petitioners were informed of the amount to be paid under the One Time Settlement Scheme, they failed to remit the amount.

Taking the aforesaid submissions of the learned counsel appearing for the respondent bank into consideration, I am of the view that the petitioners have not made out any case for grant of the reliefs sought for in the writ petition in exercise of the discretionary jurisdiction vested in this Court under Article 226 of the Constitution of India. The first relief is in relation to a sale that did not take place. The petitioners were given substantial relief under the One Time Settlement (OTS) scheme. The petitioners have failed to utilise the opportunity of OTS offered to them. Therefore, they are not entitled to any further relief in this writ petition. However, the dismissal of this writ petition will not prevent the petitioners from approaching the bank with a proposal for settlement.