Kerala High Court
Sudha Soman vs State Bank Of India on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 19815 OF 2021
PETITIONER:
SUDHA SOMAN, AGED 55 YEARS
W/O. SOMAN,
MANAKALAYIL HOUSE,
HOUSE NO. 169(1),
BETHANYPADY,
KUMBAZHA,
PATHANAMTHITTA-689 653.
BY ADV RAJESH VIJAYENDRAN
RESPONDENTS:
1 STATE BANK OF INDIA,
STRESSED ASSETS RECOVERY BRANCH,
IMS COMPOUND, MUSEUM WEST GATE,
VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM-695 033,
REPRESENTED BY ITS AUTHORIZED OFFICER.
2 CHIEF MANAGER/AUTHORISED OFFICER,
STATE BANK OF INDIA, PATHANAMTHITTA BRANCH,
P.B. NO. 32, THELLIRETHU ARCADE,
PATHANAMTHITTA-689 645.
SC. JAWAHAR JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.19815 OF 2021
2
BECHU KURIAN THOMAS, J
===========================
W.P.(C) No.19815 of 2021
---------------------------------
Dated this the 23 rd day of September, 2021
JUDGMENT
Petitioner is a borrower from the respondent bank.
She has committed default in repayment of the loan
amount. Consequently, proceedings have been
initiated by the bank for recovery of the amounts
due from the petitioner after recalling the loan.
2. Though petitioner has raised various challenges
in the writ petition, during the course of the
hearing, petitioner has confined the relief to an
opportunity for repaying the entire amount in
instalments.
3. It was submitted on behalf of the respondent
bank that petitioner had committed default in
repayment of the loan amount and hence petitioner's
WP(C) NO.19815 OF 2021
account was classified as non-performing. However, it
is submitted that the entire amount has now been
agreed by the parties to be settled for Rs.38,50,000/-
under a One Time Settlement offered by the Bank.
4. I have heard Adv.Rajesh Vijayendran, learned
counsel for the petitioner as well as Adv.Jawahar
Jose, the learned Standing Counsel for the
respondents.
5. Since the petitioner and the respondent has
agreed upon a OTS scheme by agreeing to accept
repayment of the entire amount of Rs.38,50,000/-
from the petitioner in two instalments, on the
following conditions:
(i). The entire amount of Rs.38,50,000/-
shall be paid in two instalments with
petitioner paying the first instalment of
Rs.3,00,000/- (Rupees Three lakhs only)
before 12 p.m. on 24.09.2021. The
WP(C) NO.19815 OF 2021
balance amount shall be paid on or
before 24.10.2021.
(ii). All coercive proceedings shall be
deferred to enable the One Time
Settlement agreement to be carried out
as agreed between the petitioner and the
respondents.
(iii). If the amount of Rs.3,00,000/-
(Rupees Three lakhs only) is not paid
by 12 p.m. on 24.09.2021, the Bank
shall be entitled to proceed against the
petitioner in accordance with law.
The above writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS,
JUDGE
AMV/23/09//2021
WP(C) NO.19815 OF 2021
APPENDIX OF WP(C) 19815/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 31.03.2014 IN
W.P.C NO. 9309/2014 OF HIGH COURT OF KERALA.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 12.08.2021 ISSUED BY
THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE COMPROMISE OFFER LETTER DATED
26.08.2021 ADDRESSED TO THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE TRANSACTION RECEIPTS DATED
20.09.2021 EVIDENCING PAYMENT OF RS. 50,000/-
RESPONDENTS EXHIBITS NIL
TRUE COPY P.A.TO JUDGE
