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2026 Supreme(Online)(Ker) 36763

IN THE HIGH COURT OF KERALA AT ERNAKULAM


2026:KER:43726


WP(C) NO. 10577 OF 2026


PETITIONER/S:

EDASSERY SAINABA, AGED 66 YEARS

W/O MUHAMMADALI K,KALLINGAL HOUSE,EDAPPAL,

MALAPPURAM, PIN - 679576


BY ADV SRI.V.I.RAHUL


RESPONDENT/S:

1 VATTAMKULAM PANCHAYAT SERVICE CO OPERATIVE BANK

REPRESNTED BY ITS SECRETARY,VATTAMKULAM,EDAPPAL ., PIN - 679578

2 SPECIAL SALES OFFICER,VATTAMKULAM PANCHAYAT SERVICE CO OPERATIVE BANK. LTD NO.M481

OFFICE OF THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES (GENERAL), MINI CIVILSTATION, PONNANI, PIN - 679583


SMT. CHITHRA P GEORGE (GP)


THE HONOURABLE MR. JUSTICE GOPINATH P.


THURSDAY, THE 18TH DAY OF JUNE 2026 / 28TH JYAISHTA, 1948

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition has been filed challenging the recovery proceedings initiated by the respondent bank to recover amounts due under credit facilities availed by the petitioner from the respondent bank.

2. When this matter is taken up for consideration today, the learned counsel appearing for the petitioner fairly admitted that the petitioner has not complied with the condition imposed in the interim order dated 18.03.2026. It is also submitted that the mortgaged property has already been sold and purchased by the bank in auction.

3. Having perused the records and taking into consideration the above submission of the learned counsel appearing for the petitioner, I am of the opinion that the petitioner has not demonstrated any bona fides and therefore, she is not entitled to any discretionary relief under Article 226 of the Constitution of India. The writ petition fails and it is accordingly dismissed.

4. However taking into consideration the fact that presently there is a One Time Settlement Scheme in force (‘Ashwas-2026’), I make it clear that the dismissal of this writ petition will not prevent the petitioner from approaching the bank with an application for One Time Settlement. If an application for One Time Settlement under the aforesaid Scheme is filed within a period of ten days from today, the said application shall be considered by the Competent Authority of the respondent bank in accordance with the provisions of the Scheme referred to above and a decision shall be taken on the amount to be paid by the petitioner for settling the liability. The decision of the Competent Authority shall be communicated to the petitioner (including the amount to be remitted by the petitioner in terms of Scheme). If the petitioner makes an application within a period of ten days from today, the sale of the property of the petitioner in favour of the respondent bank shall not be confirmed till a decision is taken by the competent Authority on the application for One Time Settlement. If One Time Settlement is granted to the petitioner, petitioner will be governed by the terms of the One Time Settlement scheme and the petitioner shall duly and faithfully comply with the terms of One Time Settlement. If the petitioner fails to remit the amount as permitted by the bank or if the application for One Time Settlement (if submitted) is rejected for any reason, it will be open to the respondent bank to continue with the proceedings initiated against the petitioner.

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