Sudhakaran P.K. vs Union Bank Of India
2021 Latest Caselaw 9295 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.7240 OF 2021(D)


PETITIONER:

               SUDHAKARAN P.K., AGED   66 YEARS
               S/O.KUMARAN, PADIYATH   HOUSE, METHALA P.O.,
               KODUNGALLUR, THRISSUR   DISTRICT,
               KERALA STATE, PIN-680   669.

               BY ADVS.
               SRI.JOSEPH GEORGE
               SRI.P.A.REJIMON


RESPONDENTS:

      1        UNION BANK OF INDIA
               REPRESENTED BY ITS BRANCH MANAGER,
               KODUNGALLUR-CHANDAPURA BRANCH,
               KODUNGALLUR P.O., THRISSUR DISTRICT,
               PIN-680 664.

      2        THE REGIONAL MANAGER, M/S. UNION BANK OF INDIA,
               REGIONAL OFFICE, UNION BANK BHAVAN, M.G.ROAD,
               ERNAKULAM, PIN-682 035.

               SC-SRI.SADCHITH P. KURUP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 7240/21
                                         2


                                  JUDGMENT

The petitioner has approached this Court

with a limited plea that the 1st respondent-

Union Bank of India be directed to consider

Ext.P3 request for One-Time-Settlement of a

loan facility availed of by him from them.

2. The petitioner says that he is

suffering from cancer and consequently, that

he has been unable to run his business, thus

the loan account having become trouble for no

fault that can be attributed to him. He,

therefore, prays that Ext.P3, in which he has

requested the Bank to offer all eligible

concessions also, be directed to be taken up

and disposed of at the earliest.

3. Sri.Sadchith P.Kurup - learned

Standing Counsel appearing for the Bank,

submitted that if the petitioner only requires

Ext.P3 to be decided by his client, there is WPC 7240/21

no legal impediment in doing so; but added

that the competent Authority to do so is the

Head of the Regional Office (Rural), Ernakulam

and not the 2nd respondent. He prayed that said

Authority may be, therefore, permitted to

issue appropriate orders on Ext.P3.

Taking note of the afore submissions, I

order this writ petition and direct the

aforementioned Authority to take up Ext.P3

request of the petitioner and dispose it of,

after affording an opportunity of being heard

to him, for which purpose, I direct the

petitioner or his authorised reperesentative

to appear before the said authority at 11 a.m.

on 23.03.2021.

Needless to say, the competent authority

will enter into a decision on Ext.P3 taking

note of all relevant aspects, including the

fact that the petitioner is suffering from a WPC 7240/21

grievous disease.

Sd/-

                              DEVAN RAMACHANDRAN
      RR                            JUDGE
 WPC 7240/21



                           APPENDIX
      PETITIONER'S/S EXHIBITS:

      EXHIBIT P1        TRUE PHOTOCOPY OF TEST REPORT OF

GAMMA GLUTAMYIL TRANSPEPTIDASE SERUM DATED 08.04.2020.

EXHIBIT P2 TRUE PHOTOCOPY OF CERTIFICATE DATED 11.12.2020 ISSUED BY DR.SUJATHA SREEKATNH.

EXHIBIT P3 TRUE PHOTOCOPY OF LETTER DATED 23.02.2021 SUBMITTED BEFORE THE RESPONDENTS BY THE PETITIONER.