IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 23199 OF 2021
PETITIONER:
G.S.BALAKRISHNAN NAIR
AGED 59 YEARS
S/O GANGADHARAN NAIR,
AP 6/903, MADHURAPURI, KOVILU VILA, MYLACHAL
DALUMUGHAM P.O.THIRUVANANTHAPURAM-695 125.
BY ADVS.
S.KRISHNA
GOVIND R.
RESPONDENT:
THE AUTHORISED OFFICER,
REPRESENTED BY THE CHIEF MANAGER,
STATE BANK OF INDIA,
STRESSED ASSETS RECOVERY BRANCH,
LMS COMPOUND, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM-695 033.
BY ADV P.GOPAL
SC-JITHESH MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 23199/2021
2
BECHU KURIAN THOMAS, J
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W.P.(C) No.23199 of 2021
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Dated this the 20 th day of May, 2022
JUDGMENT
The writ petition is filed seeking directions to extend the benefit of One Time Settlement to the petitioner.
2. Sri.P.Gopal, the learned counsel for the respondent, upon instructions submitted that the Bank had been quiet consistently offering settlement schemes to the petitioner as is evident from Ext.P3, Ext.R(b), R(c) and R(d), but the petitioner never responded to those offers.
3. Despite the failure of the petitioner to respond to the offers of settlement, it was submitted on behalf of the respondent that the Bank is once again willing to consider the settlement, provided the petitioner submits a proposal for settlement.
4. Having considered the aforesaid submissions as well WP(C) 23199/2021 3 as the circumstances arising in the case, I am of the view that this writ petition can be disposed of, directing the petitioner to submit a proposal for settlement within a period of 15 days from the date of receipt of a copy of this judgment.
5. If such a proposal is submitted by the petitioner within the said time, a decision thereon shall be taken by the respondent within 15 days thereafter. If the petitioner fails to submit a proposal as directed, the respondent shall be free to proceed in accordance with law. If the proposal is submitted as directed, the respondent shall keep in abeyance all proceedings for recovery under the SARFAESI Act, till a decision is taken as directed. The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS JUDGE AMV/20/05//2022 WP(C) 23199/2021 4 APPENDIX OF WP(C) 23199/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 6.8.2019 Exhibit P2 A TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENT DATED 19.6.2020 Exhibit P3 A TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 9.2.2021 Exhibit P4 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 4.10.2021 RESPONDENTS EXHIBITS Exhibit R(a) COPY OF THE JUDGMENT DATED 26.07.2017 IN W.P.(C) NO.24762 of 2017 OF THIS HON'BLE COURT.
Exhibit R(b) COPY OF THE NOTICE DATED 12.06.2019 NO.
SARB/TVM/KUR/1469/2019-20 ISSUED BY THE RESPONDENT TO THE PETITIONER.
Exhibit R(c) COPY OF THE LETTER
NO.SARB/AGM/TVM/SUN/008/2020-21 DATED
20.10.2020 ISSUED BY THE RESPONDENT TO THE PETITIONER.
Exhibit R(d) COPY OF THE LETTER NO.SARB/TVM.RJB/SUN/2354/2021-22 DATED 27.01.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.
TRUE COPY