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2026 Supreme(Online)(Ker) 28141

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SHAIBU P.S – Appellant
Versus
PARAVUR TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO. E 1193 – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.G.HARIHARAN, SRI.PRAVEEN.H., SMT.K.S.SMITHA, SMT.B.R.SINDU, SRI.V.R.SANJEEV KUMAR, SMT.AFNA V.P., SHRI.V.ROHITH
For the Respondents: SHRI.ANOOP V.NAIR, SMT.SHARANNYA P., SHRI.ATHUL P., SMT.C.A.BEEMA BEEVI, SMT.FERRA A, THANKAM KUM.PARVATHY VIJAYAN, SMT. C.S SHEEJA (GP)

Table of Content
1. challenges to bank recovery and auction notice. (Para 1)
2. prior litigation and non-payment history. (Para 2)
3. dismissal for lack of bona fides and infructuous reliefs. (Para 3 , 4)

JUDGMENT

The petitioners are before this Court challenging the recovery proceedings initiated by the respondent bank to recover the amounts due under credit facilities availed by them from the respondent bank. The petitioners challenge Exhibit P10 auction notice (to the extent it applied to their property). The petitioners also pray that the petitioners may be permitted to avail the benefit of the One Time Settlement Scheme, applicable to banks constituted under the Kerala State Co-operative Agricultural and Rural Development Bank Act, 1984, till 31.03.2026

2. The Learned counsel appearing for the respondent bank would submit that this is the second round of litigation at the instance of the petitioners and that the earlier writ petition filed by the petitioners as W.P.(C) No.13076 of 2025 was disposed of on 18.07.2025 through Ext.P.5 judgment, permitting the petitioners to clear the outstanding liability in twenty equal monthly instalments. It is submitted that, in W.P.(C) No. 13076 o

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