Shri Sameer. T.M vs Union Of India
2022 Latest Caselaw 11275 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
         FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                           WP(C) NO. 37433 OF 2022
PETITIONER:

     1        SHRI SAMEER. T.M
              AGED 39 YEARS
              S/O T.M. MUHAMMED KUNHI,
              M/S CRAFT N DRAFT,
              CH COMPLEX, 526, CHERKALA CP 15,
              CHENGALA, KASARAGOD DISTRICT, PIN - 671541
              BY ADVS.
              VARGHESE C.KURIAKOSE
              AMRITHA.J
              ALBIN A. JOSEPH
              SUSANTH SHAJI

RESPONDENTS:

     1        UNION OF INDIA
              REP. BY ITS SECRETARY,
              DEPARTMENT OF BANKING AFFAIRS,
              NEW DELHI, PIN - 110001
     2        THE SOUTH INDIAN BANK LTD
              SIB HOUSE, T.B.ROAD,
              MISSION QURTERS, THRISSUR
              REPRESENTED BY ITS CHAIRMAN, PIN - 680001
     3        THE REGIONAL MANAGER
              SOUTH INDIAN BANK LTD.,
              K.V.R.TOWER,
              PAPAN MADHAVAN ROAD,
              THALLAP, KANNUR, PIN - 607002
     4        THE AUTHORISED OFFICER & CHIEF MANAGER
              SOUTH INDIAN BANK LTD.,
              AJMAL SHOPPING ARCADE,
              CHERKALA, KASARAGOD, PIN - 671541
     5        THE BRANCH MANAGER
              SOUTH INDIAN BANK LTD.,
              AJMAL SHOPPING ARCADE,
              CHERKALA, KASARAGOD, PIN - 671541
              BY ADVS.
              SUNIL SHANKAR A
              VIDYA GANGADHARAN(K/000424/2020)
              SANDHRA.S(K/001610/2021)
 WPC No.37433 of 2022
                                         2


      THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.37433 of 2022
                                           3




                                    JUDGMENT

Dated this the 02nd day of December, 2022

The petitioner has approached this Court being

aggrieved by the proceedings initiated against the

petitioner under the provisions of the SARFAESI Act,

2002 to recover amounts due under several credit

facilities availed by the petitioner for the purpose of

his business.

2. The petitioner prays that a direction may be

issued to the respondent bank to consider and pass

orders on Ext.P4 request made by the petitioner for

One Time Settlement.

3. When this matter is taken up for consideration

today, it is submitted by the learned counsel

appearing for the respondent bank that the

petitioner's proposal for One Time Settlement has

already been considered and the same has been

rejected. It is submitted that there are no WPC No.37433 of 2022

circumstances for a reconsideration of the decision

already taken and that if the petitioner has any

grievance regarding the proceedings initiated under

the SARFAESI Act, the petitioner may be relegated to

avail his remedies before the Debts Recovery

Tribunal.

4. Having heard the learned counsel for the

petitioner and the learned counsel appearing for the

respondent bank and considering the fact that the

petitioner's request for One Time Settlement has

already been rejected and according to the bank,

there are no circumstances for a reconsideration of

the same, I am of the opinion that remedy of the

petitioner, if any, lies before the Debts Recovery

Tribunal.

Accordingly, this writ petition will stand disposed

of directing that all coercive steps under the

SARFAESI Act shall remain suspended till 15.12.2022

to enable the petitioner to move the Tribunal for WPC No.37433 of 2022

relief, if so advised. I make it clear that I have not

expressed any opinion on the merits of the matter. It

will be open to the Tribunal to decide the matter in

accordance with law.

Sd/-

GOPINATH P.

JUDGE SKP/2-12 WPC No.37433 of 2022

APPENDIX OF WP(C) 37433/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE CONTEMPLATED UNDER SECTION 13 (2) OF THE SARFAESI ACT ISSUED BY THE 4TH RESPONDENT ON BEHALF OF THE 2ND RESPONDENT DATED 27.07.2021. EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 08.10.2021 WAS ISSUED BY THE 4TH RESPONDENT BANK TO THE WIFE OF THE PETITIONER EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 06.09.2022 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN, DISTRICT LEGAL SERVICES AUTHORITY, KASARAGOD EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS NO.2 TO 5 DATED 01.10.202 EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE REPLY DATED 12.10.2022 ISSUED BY THE LOCAL BRANCH MANAGER (CHERKALA BRANCH) AND THE AUTHORISED OFFICER RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE