P.J.Joseph vs Canara Bank
2022 Latest Caselaw 4449 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
                       WP(C) NO. 13350 OF 2022
PETITIONER:

          P.J.JOSEPH
          AGED 82 YEARS
          S/O. ULAHANNAN, PANICHAYIL HOUSE, KADABAZHIPURAM,
          MAYILADIPPARA, SREEKRISHNAPURAM,
          PALAKKAD DISTRICT, PIN-678633.

          BY ADV K.RAVI (PARIYARATH)


RESPONDENTS:

    1     CANARA BANK
          REPRESENTED BY ITS MANAGING DIRECTOR, NO.112,
          NAGARATHPETE, J.C.ROAD, (OPPOSITE TO UNITY BUILDING),
          BANGALORE, PIN-560002.

    2     THE SENIOR MANAGER,
          CANARA BANK, SREEKRISHNAPURAM BRANCH, KALADI MANA
          BUILDING, OPPOSITE TO BUS STAND MAIN ROAD,
          SREEKRISHNAPURAM, PALAKKAD-673513.

          BY ADV.


          SRI.GOPIKRISHNAN NAMBIAR-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13350 OF 2022
                                    2

                               JUDGMENT

The petitioner has approached this Court aggrieved by

repossession notice dated 31.03.2022 in respect of his vehicle

bearing No.KL-51-E-1614 which is hypothecated to the respondent

bank. The contention of the petitioner is that he has made a

proposal for one time settlement on 09.04.2022 and the bank has

not taken a decision on the same and that in the meanwhile further

proceedings are being proposed pursuant to Ext.P1.

2. When the matter came up for consideration today, the

learned counsel appearing for the respondent submitted, on

instructions, that they are ready to consider the one time settlement

proposal submitted by the petitioner on 09.04.2022 on condition

that the petitioner make an initial deposit of Rs.1 lakh within one

month.

Therefore, the writ petition is disposed directing the

respondent bank to consider and pass orders on the one time

settlement proposal submitted by the petitioner on 09.04.2022 on

condition that the petitioner makes a deposit of Rs.1 lakh within a WP(C) NO. 13350 OF 2022

period of one month. If the deposit as directed above is made by

the petitioner, further proceedings pursuant to Ext.P1 shall be kept

in abeyance till a decision is taken on the one time settlement

proposal made by the petitioner.

With the above direction this writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE SCS WP(C) NO. 13350 OF 2022

APPENDIX OF WP(C) 13350/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT, DATED 31.3.22.