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. 20697 OF 2022
PETITIONER/S:
MATHEWKUTTY GEORGE,AGED 70 YEARS
CANNAN BUNGALOW, MADATHIPARAMBIL ROAD,
NEAR ERNAKULAM MEDICAL CENTRE,
VENNALA P.O, KOCHI 682 028.
BY ADVS.
V.R.GOPU
URMILA.M.G
ADIL.M.H
J.NARAYANA PILLAI
RESPONDENT/S:
1 STATE BANK OF INDIA SBI,
PANAMPILLY NAGAR BRANCH, ERNAKULAM, PIN 682 036,
REPRESENTED BY ITS MANAGER.
2 THE ASSISTANT GENERAL MANAGER,
SBI ASSET MANAGEMENT DIVISION, SBT BHAVAN, SBT AVENUE,
PANAMPILLY NAGAR, ERNAKULAM 682 036.
BY ADV S.EASWARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20697 OF 2022 2
JUDGMENT
Petitioner has approached this Court, a seeking direction to the respondent to consider Ext.P7 request made by the petitioner for One Time Settlement.
2. When this matter is taken up for consideration today, learned Standing Counsel appearing for the State Bank of India submits that an item of property belonging to the petitioner has already sold by the bank for Rs.10,00,10,000/- (Rupees Ten Crors and ten thousand only). It is submitted that the entire liability of the petitioner which stood at Rs.9,60,67,609/- (Rupees Nine cores sixty lakhs sixty seven thousand six hundred and nine only) will be cleared from out of the sale proceeds and there is no scope for consideration of Ext.P7, at this stage.
Taking into account the submission made by the learned Standing Counsel, I am of the opinion that the petitioner is not entitled to the relief sought for in this writ petition. However, it is always open to the petitioner to approach the higher authorities of the bank or to negotiate WP(C) NO. 20697 OF 2022 3 with the auction purchaser to retain the property sold in auction by the bank.
The writ petition is dismissed with the above observation.
sd/-
GOPINATH P.
JUDGE ajt WP(C) NO. 20697 OF 2022 4 APPENDIX OF WP(C) 20697/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
34100/2018 DATED 9.11.2018 FILED BY THE PETITIONER BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.
Exhibit P2 TRUE COPY OF THE ONE TIME SETTLEMENT REQUEST SUBMITTTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.08.2020.
Exhibit P3 TRUE COPY OF THE REQUEST FOR ONE TIME SETTLEMENT SUBMITTED BY THE PETITIONER DATED 18.5.2022.
Exhibit P4 TRUE COPY OF THE LETTER NO. ARMB/JV/141 DATED 18.05.2022 ISSUED BY THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE SALE NOTICE PUBLISHED IN THE MALAYALA MANORAMA PAPER DATED 15.05.2022. Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P.C NO.
16458/2022 DATED 27.05.2022 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.
Exhibit P7 TRUE COPY OF THE REQUEST DATED 21.06.2022 FOR ONE TIME SETTLEMENT SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT.