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Kerala High Court
Sabira vs Idbi Bank Ltd on 22 May, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
RP NO. 396 OF 2024
AGAINST THE JUDGMENT DATED 07.03.2024 IN WP(C) NO.7820
OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER:
SABIRA
AGED 53 YEARS
W/O USMAN, CHALIKATTIL HOUSE,
AVILORA, KIZHAKKATH, KOZHIKODE.
PIN - 673572
BY ADVS.
MUHAMMED SAFEER A.
MOHAMMED RAZALI K.A
RESHMI U.N.
KURIAN MAXIE
RAHUL S.
RESPONDENT:
IDBI BANK LTD
REPRESENTED BY ITS BRANCH MANAGER,
KALPATTA BRANCH, GROUND FLOOR
KALPATTA BYPASS JUNCTION,
WAYAND, PIN - 673121
BY ADVS.
P.PAULOCHAN ANTONY
SREEJITH K.(K/380/2005)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP No.396/2024
:2:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
R.P. No.396 of 2024
in
W.P.(C) No.7820 of 2024
`````````````````````````````````````````````````````````````
Dated this the 22nd day of May, 2024
ORDER
~~~~~~ The writ petitioner in W.P.(C) No.7820/2024 has filed this review petition.
2. The petitioner had availed an overdraft facility from the Bank in the year 2016. When the petitioner defaulted in maintaining the overdraft account, the Bank initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner thereupon filed W.P.(C) No.7820/2024.
3. The petitioner had sought for One Time Settlement. The writ petition was therefore disposed of directing that if the petitioner deposits an amount of ₹35 RP No.396/2024 :3: lakhs on or before 27.03.2024 and makes a proposal for One Time Settlement, the respondent shall consider the same and take appropriate decision.
4. During the course of hearing of the review petition, the respondent submitted that this Court had directed to pay ₹35 lakhs as upfront payment for making a OTS proposal on the basis of a wrongful submission on behalf of the Bank that the petitioner's liability is ₹1.35 Crores. In fact, the outstanding liability as on 26.03.2024 is only ₹36,76,976/-.
5. This Court therefore passed an interim order in the review petition on 27.03.2024 directing that if the petitioner remits an amount of ₹7 lakhs on or before 30.03.2024 and a further amount of ₹3 lakhs on or before 15.04.2024 and makes a proposal for One Time Settlement, the respondent shall consider the same in accordance with law.
6. In the afore facts of the case, the review petition is disposed of substituting paragraph 3 of the judgment dated 07.03.2024 in W.P.(C) No.7820/2024 as follows: RP No.396/2024 :4:
"In the afore circumstances, the writ petition is disposed of directing that if the petitioner remits an amount of ₹7 lakhs on or before 30.03.2024 and a further amount of ₹3 lakhs on or before 15.04.2024 and makes a proposal for One Time Settlement, the respondents shall consider the same in accordance with law."
Sd/-
N. NAGARESH, JUDGE aks/30.05.2024