Balan A.K vs Canara Bank
2021 Latest Caselaw 6305 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR. JUSTICE A.M.BADAR

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                      WP(C).No.1896 OF 2021(J)


PETITIONER:

              BALAN A.K
              S/O M.R.KUTTAPPAN, ARUKANDATHIL HOUSE,
              ULLALA P.O., THALAYAZHAM,

              BY ADV. SMT.E.V.MOLY

RESPONDENT:

              CANARA BANK
              THALAYOLAPARAMBU BRANCH, KOTTAYAM DISTRICT,
              PIN-686 605, REPRESENTED BY ITS AUTHORIZED OFFICER,

              R1 BY ADV. SMT.THANKOM.G
              R1 BY ADV. SRI.E.M.MURUGAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.1896/2021               2


                              JUDGMENT

Dated this the 22nd day of February 2021

By this writ petition, the petitioner has prayed for directing

the respondent-Canara Bank to consider the request for One Time

Settlement, Ext.P4 made by him.

2. Heard the learned counsel for the petitioner. Learned

counsel submits that now, with passage of time, the request of the

petitioner for OTS, Ext.P4 has been rejected by the respondent-

Bank and possession of the secured asset is sought to be taken

today. Learned counsel for the petitioner, on instructions from the

petitioner, submits that, now the petitioner wants to surrender the

possession of the secured asset to the respondent-Bank without

any further action and he needs breathing time of two months for

securing an alternate accommodation for his family which

comprises of his wife and children.

3. Learned Standing Counsel appearing for the respondent-

Bank opposed the request so made by contending that the

petitioner is in the habit of approaching this Court by filing several

petitions and he has already approached this Court on three

occasions earlier.

4. I have considered the submissions so advanced. To my

mind now the petitioner became aware of his fate and he himself

wants to surrender the secured asset to the respondent-Bank

without taking up any further proceedings. The possession is

sought to be taken today and it is stated that the petitioner is

having family comprising of his wife and children. Hence, in my

considered opinion, the request for grant of two months' time for

surrendering of his possession is a genuine request. This will

enable the petitioner to search for an alternate accommodation

and therefore, the following order:

This writ petition is disposed of by grant of two months time

from today to the petitioner for surrendering the possession of the

secured asset to the respondent-Bank. The petitioner shall not be

entitled for any further time for surrendering the secured asset to

the respondent-Bank.

Sd/-

A.M.BADAR

JUDGE

smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT IN WPC 32328/2015 DATED 26.10.2015

EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN WPC 35405/2017 DATED 15.11.2017

EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT IN WPC NO 23112/2018 DATED 27.7.2018

EXHIBIT P4 THE TRUE COPY OF THE REQUEST FOR OTS.

EXHIBIT P5 THE TRUE COPY OF THE SALE NOTICE DATED 22.12.2020 RECEIVED BY THE PETITIONER EXHIBIT P6 THE TRUE COPY OF THE NOTICE DTD.19.1.2021 ISSUED BY ADVOCATE COMMISSIONER IN MC 4/2021 ON THE FILE OF HON'BLE CJM, KOTTAYAM.

EXHIBIT P7 THE TRUE COPY OF THE LOAN ACCOUNT STATEMENT FOR THE PERIOD 01.07.2011 TO 08.09.2017.

EXHIBIT P8 THE TRUE COPY OF THE DEMAND NOTICE DTD.30.04.2018 RESPONDENTS' EXHIBITS: NIL.

TRUE COPY

P.S TO JUDGE

smp