Sadhikali K vs Punjab National Bank

Kerala High Court

Sadhikali K vs Punjab National Bank on 3 May, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
        FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
                       WP(C) NO. 16802 OF 2024
PETITIONER:

            SADHIKALI K.
            AGED 63 YEARS
            S/O. ABDUL HAMEED, DIRECTOR,
            M/S. MASS BRIQUETTING FUEL TECHNOLOGIES PVT. LTD.,
            5/63, KOLAKKADAN HOUSE,
            KODIYATHUR, PANNIKODE P.O.,
            KOZHIKODE DISTRICT., PIN - 673602

            BY ADVS.    BABU JOSEPH KURUVATHAZHA
                        ARCHANA K.S.
                        MOHAMMED SHAFI.K
                        NOEL EALIAS


RESPONDENTS:

    1       PUNJAB NATIONAL BANK
            K.P. KESAVA MENON ROAD, KOZHIKODE,
            REPRESENTED BY ITS REGIONAL MANAGER.,
            PIN - 673001

    2       REGIONAL MANAGER
            PUNJAB NATIONAL BANK,
            K.P. KESAVA MENON ROAD, KOZHIKODE.,
            PIN - 673001

            BY ADV C.AJITH KUMAR


OTHER PRESENT:

            SRI.C.AJITH KUMAR, GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.16802/2024

                                       -:2:-




                        Dated this the 3rd day of May, 2024

                             JUDGMENT

Petitioner availed a loan from the first respondent - Bank. Since the petitioner defaulted the repayment of the loan amount, recovery proceedings have been initiated.

2. The learned counsel for the petitioner submits that the petitioner has given Ext P3 representation to the second respondent, requesting to provide him six months' time to settle the dues amicably. The learned counsel further submits that the petitioner is prepared to repay the entire loan amount, provided some breathing time is given.

3. On the other hand, the learned Standing Counsel for the respondents submits that no such representation has been received by the bank. However, the learned Standing Counsel submits that W.P.(C)No.16802/2024 -:3:- the bank is prepared to consider one-time settlement, if a proper application is moved.

Having heard both sides, this writ petition is disposed of as follows:

(i) The petitioner shall give a one-time settlement proposal in the prescribed format before the second respondent within one week from the date of receipt of a certified copy of this judgment.

(ii) On receipt of such a proposal, the second respondent is directed to consider and pass appropriate orders.

Sd/-

                                DR. KAUSER EDAPPAGATH
                                        JUDGE
DST/03.05.24                                     //True copy//

                                                 P.A.To Judge
 W.P.(C)No.16802/2024

                                -:4:-




                              APPENDIX


PETITIONER EXHIBITS
EXHIBIT P1          TRUE COPY OF THE ORDER OF THE LEARNED DEBTS
                    RECOVERY   TRIBUNAL-1,    ERNAKULAM   DATED

9.10.2023 IN D.R.C.NO.192/2023 IN O.A. NO.584/2018.

EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED 2.1.2024 ISSUED BY THE LEARNED DEBTS RECOVERY TRIBUNAL-1, ERNAKULAM. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 12.4.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS : NIL