Dr. T. Manimegalai vs State Bank Of India
2021 Latest Caselaw 729 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                         WP(C).No.546 OF 2021


PETITIONER:

               DR. T. MANIMEGALAI
               AGED 58 YEARS
               D/O.M.K. THIRUPATHI, HOUSE NO. 20 SKYLINE PARK
               VILLAS, PEYAD P.O, THIRUVANANTHAPURAM-695 023, NOW
               RESIDING AT NO. 10, VALLIMMAL ILLAM, SEETHAMMA COLONY
               2ND MAIN ROAD, ALWARPET, CHENNAI-600 018

               BY ADV. SRI.LATHEESH SEBASTIAN

RESPONDENTS:

      1        STATE BANK OF INDIA
               REPRESENTED BY THE REGIONAL MANAGER, REGIONAL OFFICE,
               THIRUVANANTHAPURAM-695 001

      2        THE AUTHORIZED OFFICER,
               UNDER THE SARFAESI ACT, STATE BANK OF INDIA, STRESSED
               ASSETS RESOLUTION CENTRE, CHANDRASEKHAR NAGAR
               STADIUM, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001

      3        THE BRANCH MANAGER,
               STATE BANK OF INDIA, STATUE BRANCH,
               THIRUVANANTHAPURAM-695 001




               SRI.SANTHOSH MATHEW -SC

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.546 OF 2021             2

                           JUDGMENT

The petitioner seeks a limited plea that

her application for One Time Settlement,

namely Ext.P3, preferred before the 2nd

respondent - Authorized Officer of the State

Bank of India, be directed to be taken up and

disposed of within a time frame to be fixed by

this Court.

2. In response to the afore submissions

of the petitioner as made by her learned

counsel, Shri.Latheesh Sebastian, the learned

Standing Counsel for the Bank, Shri.Santhosh

Mathew, submitted that if the petitioner only

requires Ext.P3 to be taken up and disposed

of, there is no legal impediment in the same

being done; but prayed that this Court may not

make any affirmative declarations as to the

entitlement of the petitioner to any relief

and leave it to be decided by the competent

Authority, in terms of law.

Taking note of the afore submissions, I

direct the 2nd respondent to take up Ext.P3

request of the petitioner and dispose of the

same, after affording her an opportunity of

being heard - either physically or through

video conferencing - thus culminating in an

appropriate order thereon, as expeditiously as

is possible, but not later than two weeks from

the date of receipt of a copy of this

judgment.

TO BE SPOKEN TO ON 11.01.2021:-

This matter was considered by me and a

judgment was dictated on 08/01/2021.

2. However, subsequently, the learned

Standing Counsel for the respondent - Bank

submitted that there have been certain intervening

developments, which could not be brought to the

notice of this Court.

3. The learned Standing Counsel submitted

that, in fact, the secured asset involved in this

case had been taken possession of and sold by the

Tamil Nadu Mercantile Bank and that the respondent

- Bank had filed a suit against it, which finally

came to be settled. He submits that through such

proceedings, the entire loan account has been now

settled.

4. Shri.Latheesh Sebastian, learned counsel

for the petitioner, however, submits that his

client is not aware of any such development and

that, to his knowledge, the loan account is still

alive.

5. Even when I hear the learned Standing

Counsel for the Bank as afore, I do not see why

the petitioner's representation, namely Ext.P3,

cannot be disposed of.

I am, therefore, of the view that the judgment

does not require to be altered and I leave liberty

to the Bank to make their reply to Ext.P3 in any

manner as they may deem fit.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/11.1.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.C NO. 4850/2017 DATED 02.03.2017.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A. NO. 727/2017 DATED 7.4.17.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 08.12.2020. RESPONDENT'S/S EXHIBITS:

NIL

MC

                       (TRUE COPY)               PA TO JUDGE