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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
Prathiba Ajith – Appellant
Versus
Special Sale Officer Mulanthuruthy Services Co-operative Bank – Respondent
WP(C) NO. 17576 OF 2026
| Table of Content |
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| 1. granting permission to apply for an existing one time settlement scheme for loan defaulters. (Para 1 , 2 , 4) |
JUDGMENT
This is practically the second round of litigation at the instance of the petitioners 1 and 2 regarding the same loan account with the 2nd respondent bank. The earlier writ petitions, such as W.P(C)No.36891 of 2024 filed by the 1st petitioner and W.P(C)No.36957 of 2024 petitioners 1 and 2, were disposed of vide Exts.P2 and P3 judgments permitting them to remit the outstanding amount in 16 instalments. The petitioners are now before this Court stating that they may be permitted to avail the benefit of a One Time Settlement (OTS).
2. The learned counsel appearing for the respondent bank submits that the petitioners have failed to comply with the directions issued by this Court in Exts.P2 and P3 judgments.
3. The learned Government Pleader appearing for the
3rd respondent would submit that if the petitioners desire to avail the benefit of any OTS, they have to make an application under the present OTS scheme, namely, ‘Ashwas-2026’.
4. In the light of the submission of the learned Government Pleader and taking note of the submissions of the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent bank, this writ petition will stand disposed of, permitting the petitioners to file an application for OTS under the provisions of the aforesaid scheme, provided such application is made within a period of ten days from today. If the petitioners submit an application for OTS within the aforesaid period of ten days, the competent authority of the respondent bank shall consider such application in accordance with the provisions of the scheme and inform the petitioners of the amount payable after extending the benefits available under the said OTS scheme. The petitioners shall also be informed of the date by which such amount is required to be paid. If the petitioners fail to comply with the terms of the OTS offered to them, it will be open to the respondent bank to continue with the recovery proceedings initiated against them.
The writ petition is ordered accordingly.
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