Raghavan K vs The Authorized Officer
2021 Latest Caselaw 22153 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

         FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943

                          WP(C) NO. 21503 OF 2021

PETITIONER :

             RAGHAVAN K.,
             AGED 70 YEARS
             S/O.KUMARAN,
             GEETHALAYAM HOUSE,
             VILLIAPPALLY P.O.,
             VATAKARA, KOZHIKODE-673 542.
             BY ADV C.K.SREEJITH


RESPONDENTS:

     1       THE AUTHORIZED OFFICER,
             PUNJAB NATIONAL BANK,
             CIRCLE SHASTRA CENTRE,
             SATHABTHI BHAVAN,
             MINI BYE PASS ROAD,
             GOVINDAPURAM,
             CALICUT-673 016.
     2       THE BRANCH MANAGER
             PUNJAB NATIONAL BANK,
             K.P.K.MENON ROAD,
             CALICUT-673 001.

             BY ADV C.AJITH KUMAR, SC



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21503 OF 2021
                                            2




                     BECHU KURIAN THOMAS, J
                 ==========================
                    W.P.(C) No. 21503 of 2021
                  ---------------------------------------
            Dated this the 5 th day of November, 2021

                                  JUDGMENT

This writ petition seeks for a direction to the

respondents to grant one month's time to pay the

first installment of OTS, alleged to have been

offered in Ext.P2. A relief to defer the sale

scheduled on 07.10.2021, was also sought for.

2. A counter affidavit have been filed by the

respondents pointing out that the petitioner had

suppressed the earlier W.P.(C) No.20174/2018

filed by him, seeking similar relief.

3. I have heard the learned counsel for the

petitioner as well as the respondents.

4. On a perusal of Ext.P1, it is noticed that the

grant of settlement was offered with a condition

that the petitioner pay the balance amount of WP(C) NO. 21503 OF 2021

Rs.1,00,00,000/- in two installments. The first

installment of Rs.15,00,000/- ought to have been

paid on 05.10.2021 while the second installment

of Rs.85,00,000/- ought to have been paid on

22.12.2021. The relief claimed for in this writ

petition is also to grant further time for payment

of the first installment.

5. On a consideration of the circumstances arising in

the case, I am of the view that the offer put

forth by the respondents through Ext.P1, has

worked out, by itself due to the failure of the

petitioner to pay the first installment itself. The

first installment of Rs.15,00,000/- was only a

minor portion of the balance amount. If the first

installment could not have been paid within the

time as stipulated, obviously the petitioner will

not be able to pay the substantial portion of the

balance amount as directed in Ext.P1. Since the WP(C) NO. 21503 OF 2021

petitioner has defaulted in repayment of the first

instalment of settlement scheme itself, there is no

purpose in granting any further time to pay the

instalments.

Accordingly, there is no merit in this writ

petition and the same is dismissed.

Sd/-

BECHU KURIAN THOMAS, JUDGE AMV/05/11//2021 WP(C) NO. 21503 OF 2021

APPENDIX OF WP(C) 21503/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LETTER DATED 23.09.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P2 THE TRUE COPY OF THE LETTER DATED 06.06.2018 DECLARING THE ACCOUNT AS NPA.

Exhibit P3 THE TRUE COPY OF THE PAPER PUBLICATION IN MALAYALA MANORAMA DAILY DATED 18.09.2021.

RESPONDENTS EXHIBITS

Exhibit R1(a) THE TRUE COPY OF THE JUDGMENT DATED 05.07.2018 IN W.P.(C) NO.20174/2019

TRUE COPY