IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 15689 OF 2022
PETITIONER/S:
MANO
AGED 69 YEARS
WESTON, MUTTACAUD P.O, VENGANOOR,
THIRUVANANTHAPURAM, PIN - 695523
BY ADVS.
VISHNU BHUVANENDRAN
RESHMA UNNIKRISHNAN
B.ANUSREE
RESPONDENT/S:
THE AUTHORISED OFFICER
SOUTH INDIAN BANK LTD,
REGIONAL OFFICE THIRUVANANTHAPURAM, TC 31/151, YWCA
BUILDING, M.G ROAD, STATUE JUNCTION ,
THRIUVANANTHAPURAM, PIN - 695001
BY ADVS.
SUNIL SHANKER
SANDHRA.S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING
ON 06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C).15689/22 2
JUDGMENT
The petitioner has approached this Court challenging proceedings initiated under the SARFAESI Act for recovery of amounts due from him.
2. When this matter is taken up for consideration today, it is submitted by the Standing Counsel for the 1 st respondent that the 1st respondent will not be averse to consideration of any proposal for settlement of liabilities by the petitioner, subject to norms of the bank.
3. Having heard the learned counsel for the petitioner and the learned Standing Counsel for the 1 st respondent, this writ petition will stand disposed of directing that if the petitioner makes a proposal for settlement of the liabilities to the respondent bank within a period of one week from today, the bank shall take a decision thereon, after affording an opportunity of hearing to the petitioner or his authorised representative, within a period of two weeks thereafter. Till such time as a final decision is taken on the proposal to be submitted by the petitioner as above, coercive steps will be deferred.
Leaving open all the contentions of the petitioner, the writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
okb/6.7
//True copy// P.S. to Judge
W.P(C).15689/22 3
APPENDIX OF WP(C) 15689/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE DATED
08.12.2021 ISSUED BY THE RESPONDENT BANK.