Kerala High Court
Omanakuttan Pillai C vs State Bank Of India on 20 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
WP(C) NO. 12470 OF 2021
PETITIONER:
OMANAKUTTAN PILLAI C.
AGED 52 YEARS
S/O. CHELLAPPAN PILLAI, PROPRIETOR OF MANGALATHU GLASS
HOUSE, PULAMON P. O., KOTTARAKKARA, KOLLAM - 691 531.
BY ADV P.SHRIHARI
RESPONDENT:
STATE BANK OF INDIA
SARB 1ST FLOOR SANGAMAM, GENERAL HOSPITAL ROAD,
THIRUVANANTHAPURAM, REP. BY CHIEF MANAGER.
BY ADVS.
M.JITHESH MENON
JAWAHAR JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12470 OF 2021
2
JUDGMENT
According to the learned counsel for the petitioner, the petition is
for refund of 5% incentive amount as per the OTS for the reason that
the petitioner has paid the entire amount under the OTS by 31.03.2021
in the light of communication of the respondent dated 25.11.2020.
According to the learned counsel for the petitioner, the proceedings
claiming similar reliefs are already pending before the learned DRT. But
the petitioner is approaching this Court only because the learned DRT is
not functioning.
I am afraid, without substantive prayer of directing the Central
Government to appoint the member of the DRT, such type of writ
petitions cannot be entertained, particularly when similar relief is
pending before the DRT. The petition is therefore dismissed, with a
liberty to the petitioner to pursue the matter before the learned DRT.
Sd/-
A.M.BADAR
JUDGE
Nsd
//true copy//
PA to Judge
WP(C) NO. 12470 OF 2021
APPENDIX OF WP(C) 12470/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF S.A.251/2017 ALONG WITH
ANNEXURES.
Exhibit P2 TRUE COPY OF OTS PROPOSAL DATED 26.12.2017
SUBMITTED BY THE PETITIONER TO THE
RESPONDENT.
Exhibit P3 TRUE COPY OF UNDATED REPLY TO EXT. P2
RECEIVED FROM THE RESPONDENT.
Exhibit P4 TRUE COPY OF I.A.NO.885/2018 IN S.A.
NO.251/2017.
Exhibit P5 TRUE COPY OF MEMO DATED 19.11.2019 IN
S.A.251/2017 FILED BY THE RESPONDENT.
Exhibit P6 TRUE COPY OF THE REPLY DATED 20.09.2018
ISSUED BY THE RESPONDENT.
Exhibit P7 TRUE COPY OF THE OTS PROPOSAL DATED
09.11.2019 SUBMITTED BY THE PETITIONER.
Exhibit P8 TRUE COPY OF THE REPLY LETTER DATED
12.11.2019 ISSUED BY THE RESPONDENT.
Exhibit P9 TRUE COPY OF THE DEMAND NOTICE DATED
28.11.2019 ISSUED BY THE RESPONDENT.
Exhibit P10 TRUE COPY OF THE OBJECTION LETTER DATED
24.01.2020 SUBMITTED BY THE PETITIONER.
Exhibit P11 TRUE COPY OF THE REPLY LETTER DATED
07.02.2020 ISSUED BY THE RESPONDENT.
Exhibit P12 TRUE COPY OF POSSESSION NOTICE DATED
10.03.2020 ISSUED BY THE RESPONDENT.
Exhibit P13 TRUE COPY OF THE SALE NOTICE DATED 21.07.2020
ISSUED BY THE RESPONDENT ON 03.08.2020.
Exhibit P14 TRUE COPY OF THE VALUATION REPORT DATED
WP(C) NO. 12470 OF 2021
29.07.2020 ISSUED BY A. SULAIMAN KUTTY,
TAHSILDAR (RTD.), KOTTARAKKARA WITH RESPECT
TO 1.85 ARES OF LAND WITH THE BUILDING.
Exhibit P15 TRUE COPY OF THE VALUATION REPORT DATED
29.07.2020 ISSUED BY A. SULAIMAN KUTTY,
TAHSILDAR (RTD.), KOTTARAKKARA WITH RESPECT
TO 20.23 ARES OF LAND WITH THE BUILDING.
Exhibit P16 TRUE COPY OF THE S.A.NO.216/2020 ON THE FILE
OF DRT-2, ERNAKULAM.
Exhibit P17 TRUE COPY OF THE LETTER DATED 16.10.2020
ISSUED BY THE RESPONDENT.
Exhibit P18 TRUE COPY OF PAY-IN-SLIP DATED 23.11.2020 FOR
RS.11.50 LAKHS.
Exhibit P19 TRUE COPIES OF THE LETTER DATED 25.11.2020
ISSUED BY THE RESPONDENT.
Exhibit P20 TRUE COPY OF PAY-IN-SLIP DATED 23.12.2020 FOR
RS.11.50 LAKHS.
Exhibit P21 TRUE COPY OF THE ACCOUNT STATEMENT.
Exhibit P22 TRUE COPY OF THE LETTER DATED 29.12.2020
ISSUED BY THE RESPONDENT.
Exhibit P23 TRUE COPY OF I.A.NO.84/2021 IN
O.A.NO.126/2018 PENDING BEFORE DRT-2,
ERNAKULAM.
Exhibit P24 TRUE COPY OF THE LETTER DATED 05.05.2021 SENT
BY THE PETITIONER TO THE RESPONDENT.
Exhibit P25 TRUE COPY OF REPLY LETTER DATED 12.05.2021
RECEIVED FROM THE RESPONDENT.
