IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 20642 OF 2022
PETITIONER:
THAJUNESA
AGED 69 YEARS
W/O LATE SHARFUDHEEN, 292, HASARATH MANZIL,
PALLAM MUTHALAMADA POST, PALAKKAD DISTRICT-678507
BY ADVS.
PRAVEEN K. JOY
T.A.JOY
E.S.SANEEJ
M.P.UNNIKRISHNAN
M.K.SAMYUKTHA
N.ABHILASH
BEENA JOSEPH
DEEPU RAJAGOPAL
SANDRA S.KUMAR
RESPONDENTS:
1 THE AUTHORIZED OFFICER,
INDIAN OVERSEAS BANK, PALAKKAD BRANCH,
PALAKAD-678001.
2 BRANCH MANAGER,
INDIAN OVERSEAS BANK,PALAKKAD BRANCH,
PALAKAD-678001.
3 ASSISTANT GENERAL MANAGER,
INDIAN OVERSEAS BANK,REGIONAL OFFICE, M G ROAD,
ERNAKULAM-682016
OTHER PRESENT:
SRI. SUNIL SHANKER (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.20642/2022
-:2:-
JUDGMENT
The petitioner has approached this Court being aggrieved by proceedings initiated by the 1 st respondent under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) for recovery of amounts due from the petitioner.
2. The learned counsel appearing for the petitioner submits that on an earlier occasion, the petitioner had been given an opportunity to clear the entire liability by paying a sum of Rs.11,00,000/-(Rupees Eleven Lakhs Only) and the petitioner had paid an amount of Rs.2,10,000/-(Rupees Two Lakhs Ten Thousand Only) towards the One Time Settlement but could not comply with the terms of the One Time Settlement because of financial difficulties. It is submitted that the loan in question is an agricultural loan. It is submitted that if the petitioner is given yet another chance to clear the liability, she will be in a position to W.P.(C) No.20642/2022 -:3:- settle the liability.
3. The learned Standing Counsel appearing for the respondent Bank submits that the earlier One Time Settlement proposal had been cancelled on account of non- compliance. It is submitted that if the petitioner files a fresh proposal with the respondent Bank, the same can be considered as per the norms of the Bank.
4. The learned counsel appearing for the petitioner points out that the petitioner has also complied with the interim order issued by this Court on 29-06-2022, and a further amount of Rs.1,00,000/-(Rupees One Lakhs Only) has been paid to the respondent Bank.
5. Having regard to the aforesaid facts and taking into consideration of the submission of the learned counsel for the respondent Bank, this writ petition will stand disposed of, directing that if the petitioner submits a fresh proposal for settlement to the 1 st respondent within a period of 10 days from today, the 1st respondent or any competent authority of the respondent Bank shall take a W.P.(C) No.20642/2022 -:4:- decision on the said proposal and till such time a decision is taken, further coercive steps against the petitioner shall kept in abeyance.
Sd/-
GOPINATH P.
JUDGE ats W.P.(C) No.20642/2022 -:5:- APPENDIX OF WP(C) 20642/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE DEATH CERTIFICATE DATED 13.7.16 OF REGISTRAR OF BIRTH AND DEATH, MUTHALAMADA GRAMA PANCHAYATH.
Exhibit P2 THE TRUE PHOTOCOPY OF THE JUDGMENT DATED 26.03.2019 IN WPC 9260/2019 OF THIS HON'BLE COURT.
Exhibit P3 THE TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE RESERVE BANK OF INDIA DATED 08.04.2019.
Exhibit P4 THE TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 22388 /2019 DATED 19.08.2019. Exhibit P5 THE TRUE PHOTOCOPY OF THE RECEIPT FOR RS. 50000/-DATED 30.03.2022.
Exhibit P6 THE TRUE PHOTOCOPY OF THE RECEIPT FOR RS. 50000/-DATED 31.03.2022.
Exhibit P7 THE TRUE PHOTOCOPY OF THE AGREEMENT DATED 18.06.2022.
Exhibit P8 THE TRUE PHOTOCOPY OF THE SALE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 13.06.2022.
Exhibit P9 THE TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 17.06.2022.