Kerala High Court
K.A.Rauf vs Assistant General Manager on 2 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
WP(C).No.4704 OF 2021(K)
PETITIONER:
K.A.RAUF
AGED 59 YEARS
S/O. AHAMMED,
SHELTER,
JAYANTHINAGAR HOUSING COLONY,
P.T. USHA ROAD,
MOONALINGAL, CALICUT,
MANAGING DIRECTOR, NILAMBUR TREADS PRIVATE LIMITED
1/464,
INDUSTRIAL ESTATE,
WEST HILL, CALICUT.
BY ADV. SRI.L.RAJESH NARAYAN
RESPONDENTS:
1 ASSISTANT GENERAL MANAGER
ASSET RECOVERY MANAGEMENT BRANCH,
STATE BANK OF INDIA,
R.S. BUILDING,
M.G.ROAD,
ERNAKULAM-682 011.
2 BRANCH MANAGER
STATE BANK OF INDIA,
KOZHIKODE MAIN BRANCH,
KOZHIKODE-PALAKKAD HIGHWAY,
KALLAI, KOZHIKODE, KERALA-673 003.
R1 BY ADV. SRI.S.EASWARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, ALONG WITH WP(C).4705/2021(K), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
WP(C).No.4705 OF 2021(K)
PETITIONER:
K.A.RAUF
AGED 59 YEARS
S/O AHAMMED, SHELTER,
JAYANTHINAGAR HOUSING COLONY,
PT.USHA ROAD,
MOONALINGAL, CALICUT,
MANAGING PARTNER, NILAMBUR TRADERS,
B-12 AND 13,
INDUSTRIAL ESTATE,
WEST HILL, CALICUT, KERALA
BY ADV. SRI.L.RAJESH NARAYAN
RESPONDENTS:
1 ASSISTANT GENERAL MANAGER
ASSET RECOVERY MANAGEMENT BRANCH,
STATE BANK OF INDIA,
R.S BUILDING. M.G.ROAD,
ERNAKULAM-682 011.
2 BRANCH MANAGER,
STATE BANK OF INDIA,
KOZHIKODE MAIN BRANCH,
KOZHIKODE,
PALAKKAD HIGHWAY, KALLAI,
KOZHIKODE, KERALA-673 003.
R1 BY ADV. SRI.S.EASWARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, ALONG WITH WP(C).4704/2021(K), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.4704 OF 2021(K) AND WP(C).No.4705 OF 2021(K)
3
P.V.ASHA, J.
-----------------------------------------------------
W.P(c) Nos.4704 of 2021 and 4705 of 2021
----------------------------------------------------
Dated this the 02nd day of March, 2021
JUDGMENT
Both these Writ Petition have been filed by the very same petitioner
challenging the orders produced as Ext.P5 in both the Writ Petitions. In Ext.P5, the
petitioner was informed that the facility provided to him for payment of the dues
under One Time Settlement scheme has been withdrawn since the petitioner did
not remit the amount within time frame stipulated. The petitioner points out that
he had remitted the first payment of 10% under the One Time Settlement and that
since the second payment was effected in a different IFSC code, he was unable to
effect the payment in time. Pointing out that he is willing to make payment under
One Time Settlement Scheme, he has filed this writ petition.
2. The learned counsel for the respondent Bank submits that the benefit
of One time settlement scheme which were extended to the petitioner cannot be
further extended and a decision has already been taken by the Bank in Ext.P5
order since he has failed to remit the amount as agreed.
3. The learned Standing Counsel also submits that petitioner would be
free to approach respondent Bank with a fresh proposal for settlement of the
amount.
Therefore the writ petition is disposed of accordingly. The petitioner would be
free to approach Bank with a fresh proposal. In that event, the respondents shall
consider the same in accordance with its recovery policy.
SD/-
(P.V.ASHA, JUDGE)
rps/
WP(C).No.4704 OF 2021(K) AND WP(C).No.4705 OF 2021(K)
APPENDIX OF WP(C) 4704/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SCHEME FOR ONE TIME
SETTLEMENT DATED 27.11.2020.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED
23.11.2020.
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 28.12.2020.
EXHIBIT P4 TRUE COY OF THE EMAIL DATED 27.1.2021.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 1.2.2021.
EXHIBIT P6 TRUE COPY OF THE REQUEST AND ACKNOWLEDGMENT
DATED 10.2.21.
WP(C).No.4704 OF 2021(K) AND WP(C).No.4705 OF 2021(K)
APPENDIX OF WP(C) 4705/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SCHEME FOR ONE TIME
SETTLEMENT DATED 19.10.2020
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED
23.11.2020
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 28.12.2020
EXHIBIT P4 TRUE COPY OF THE EMAIL DATED 27.1.2021
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 1.2.2021
EXHIBIT P6 TRUE COPY OF THE REQUEST DATED 10.2.21
//TRUE COPY// PA TO JUDGE
