Kerala High Court
Safiya T.A vs The Authorised Officer on 8 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
WP(C) NO. 18332 OF 2021
PETITIONER :
SAFIYA,
AGED 40 YEARS, D/O.ALIBABA, KALLUMBURATH FATHIMA
MANZIL, KOLLAKADAVU P.O., ALAPPUZHA DIST - 690 509
BY ADVS.
P.VINODKUMAR
ASHOK AMMANCHY
VIMAL KUMAR
RESPONDENTS :
THE AUTHORISED OFFICER, (FORMERLY SYNDICATE BANK NOW
CANARA BANK), REGIONAL OFFICE, 2ND FLOOR,
CARMEL TOWER, VAZHUTHACAD,
THIRUVANANTHAPURAM - 695 001
BY ADV.M.GOPIKRISHNAN NAMBIAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18332 OF 2021
2
JUDGMENT
Petitioner is a widow, who had obtained a term loan for an
amount of Rs.4,00,000/- (Rupees Four Lakhs only) and an overdraft
facility of Rs.8,00,000/- (Rupees Eight Lakhs only). She committed
default in repayment of the loan for reasons that are related to
certain illness. Petitioner seeks indulgence of this Court in granting a
breathing time to enable her to repay the amounts and also seeks a
direction for giving benefits of one time settlement by the
respondents.
2. Adv.M.Gopikrishnan Nambiar, Standing Counsel took
notice on behalf of respondents. Upon instructions, it was submitted
by the learned counsel for the respondents that the total amount due
from the petitioner as on date was Rs.16,80,254/- (Rupees Sixteen
Lakhs Eight Thousand Two Hundred and Fifty Four only) and that the
Bank was willing to consider the grant of a one time settlement
facility provided petitioner deposits a reasonable sum to show her
bonafides. It was also suggested that if the petitioner deposits an
amount of Rs.2,00,000/- (Rupees Two Lakhs only) within a brief
period, the Bank was willing to consider the same, as a special case,
for the grant of a one time settlement facility.
WP(C) NO. 18332 OF 2021
3. Having regard to the circumstances of the case and
taking note of the plight of the petitioner apart from the submissions
of the respondents, it is directed that if the petitioner deposits an
amount of Rs.2,00,000/- (Rupees Two Lakhs only) within four weeks
from today, the proceedings pursuant to Exts.P1 and P4 shall be kept
in abeyance. If the said amount is deposited as directed above and if
the petitioner makes an application for a one time settlement facility,
the respondents shall consider the grant of a one time settlement
facility to the petitioner. If such a facility is granted to the petitioner,
needless to say, the same shall be complied with, without any
default. If the petitioner fails to make the application or abide by the
condition stipulated above, the respondents shall be entitled to
proceed in accordance with law.
With the above direction, this writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 18332 OF 2021
APPENDIX
PETITIONER'S EXHIBITS :
P1 : COPY OF THE NOTICE ISSUED U/S.13 (2) OF SECURITIZATION AND
RECONSTRUCTIONS OF FINANCIAL ASSETS AND ENFORCEMENT OF
SECURITY INTEREST ACT, 2002
P2 : COPY OF THE THYROID-SCIENTOGRAPHY DONE ON 29.05.2019 AT
AMRITHA HOSPITAL, ERNAKULAM.
P3 : COPY OF THE ECHO REPORT DATED 07.06.2021 ISSUED SUKRITHI
HEART CLINIC.
P4 : COPY OF THE NOTICE DATED 26.08.2021 ISSUE BY ADVOCATE
COMMISSIONER.
