Aleema vs The Branch Manager
2022 Latest Caselaw 1449 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
                         WP(C) NO. 3375 OF 2022
PETITIONER :

          ALEEMA,
          AGED 63 YEARS,
          W/O.MARAKKAR.M.A, MUNDACKEL HOUSE, MUDICKEL.P.O,
          PERUMBAVOOR, ERNAKULAM DISTRICT.

          BY ADVS.
          C.A.NAVAS
          T.K.SASIKUMAR
          P.A.SHAJI SAMAD
          PRAISHEEL PRAKASAM



RESPONDENTS :

    1     THE BRANCH MANAGER,
          THE STATE BANK OF INDIA, MANJAPETTY BRANCH,
          MUDICKEL.P.O, ERNAKULAM DISTRICT, PIN-683547.

    2     THE AUTHORISED RECOVERY OFFICER,
          THE STATE BANK OF INDIA, RASMEC, PEARL TOWER,
          VELLOORKUNNAM, MARKET.P.O, MUVATTUPUZHA,
          ERNAKULAM DISTRICT, PIN-686673.

    3     THE REGIONAL MANAGER,
          THE STATE BANK OF INDIA, RASMEC, PEARL TOWER,
          VELLOORKUNNAM, MARKET.P.O,
          MUVATTUPUZHA, ERNAKULAM DISTRICT,
          PIN-682031.

    4     THE DEPUTY GENERAL MANAGER,
          THE STATE BANK OF INDIA, ZONAL OFFICE,
          SHANMUGHAM ROAD, ERNAKULAM,
          ERNAKULAM DISTRICT, PIN-682031.
 WP(C) NO. 3375 OF 2022
                               2



    5     ABDULLA.T.P,
          THENOOR HOUSE, MUDICKEL.P.O, PERUMBAVOOR,
          ERNAKULAM DISTRICT, PIN-683547.

          BY SR.ADV.K.K.CHANDRAN PILLAI
          BY ADV.S.AMBILY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3375 OF 2022
                                  3




                    BECHU KURIAN THOMAS, J.
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=
                     W.P.(C) No.3375 of 2022
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=
              Dated this the 2nd day of February, 2022


                             JUDGMENT

Petitioner is the guarantor for a loan availed by the 5 th

respondent. The limited relief sought for by the petitioner during the

course of arguments was to issue orders to prevent dispossession of

the petitioner, pursuant to Ext.P1 and in the meantime to consider

the one time settlement proposal put forth before the respondent, as

per Ext.P2. It was submitted that petitioner had obtained some

amounts by sale of property due to which he is seriously pursuing the

settlement proposal.

2. The learned Senior Counsel Sri.K.K.Chandran Pillai duly

instructed by S.Ambily submitted that, the borrower had filed two

earlier writ petitions as WP(C).No.32307 of 2019 which was disposed

of and another writ petition as WP(C) No.14894/2021, which was

dismissed ultimately. He also submitted that the total outstanding

amount from the borrower is around Rs.28,00,000/-.

3. I have heard the learned counsel for the petitioner as

well as the learned Senior Counsel for the respondent. In the nature WP(C) NO. 3375 OF 2022

of the order that I propose to issue, notice to the 5 th respondent

stands dispensed with.

4. Since the petitioner has stated in Ext.P2 that the

guarantors including the petitioner had obtained an amount of

Rs.15,00,0000/- by way of sale of property, I am of the view that the

application for settlement, proposed as per Ext.P2 can be directed to

be considered on the petitioner depositing a reasonable sum for

enabling such a consideration.

5. In view of the aforesaid, there will be a direction to the

petitioner to deposit Rs.10,00,000/- on or before 15.02.2022 with

the first respondent. On such a deposit, the competent officer of the

respondent bank shall consider Ext.P2 application for settlement, as

expeditiously as possible, at any rate, within a period of two weeks

from the date of deposit of the aforesaid amount.

All coercive proceedings pursuant to Ext.P1 including the

proceedings under Section 14 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act, 2002 shall be kept in abeyance, till a decision is taken

as directed above. Needless to mention, in the event of a settlement

being arrived at by the parties, the amount of Rs.10,00,000/-

directed to be deposited shall be adjusted towards the amount of WP(C) NO. 3375 OF 2022

settlement arrived at by the parties.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 3375 OF 2022

APPENDIX OF WP(C) 3375/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE PHYSICAL POSSESSION NOTICE DATED 10.01.2022 ISSUED BY THE ADVOCATE COMMISSIONER

Exhibit P2 TRUE COPY OF THE REPRESENTATION FOR ONE TIME SETTLEMENT DATED 29.01.2022.