Mano vs The Authorised Officer
2022 Latest Caselaw 8522 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                          WP(C) NO. 15689 OF 2022
PETITIONER/S:

             MANO
             AGED 69 YEARS
             WESTON, MUTTACAUD P.O, VENGANOOR,
             THIRUVANANTHAPURAM, PIN - 695523
             BY ADVS.
             VISHNU BHUVANENDRAN
             RESHMA UNNIKRISHNAN
             B.ANUSREE


RESPONDENT/S:

             THE AUTHORISED OFFICER
             SOUTH INDIAN BANK LTD,
             REGIONAL OFFICE THIRUVANANTHAPURAM, TC 31/151, YWCA
             BUILDING, M.G ROAD, STATUE JUNCTION ,
             THRIUVANANTHAPURAM, PIN - 695001
             BY ADVS.
             SUNIL SHANKER
             SANDHRA.S


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING
ON   06.07.2022,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C).15689/22                            2



                                   JUDGMENT

The petitioner has approached this Court challenging proceedings

initiated under the SARFAESI Act for recovery of amounts due from him.

2. When this matter is taken up for consideration today, it is

submitted by the Standing Counsel for the 1 st respondent that the 1st respondent

will not be averse to consideration of any proposal for settlement of liabilities

by the petitioner, subject to norms of the bank.

3. Having heard the learned counsel for the petitioner and the

learned Standing Counsel for the 1 st respondent, this writ petition will stand

disposed of directing that if the petitioner makes a proposal for settlement of

the liabilities to the respondent bank within a period of one week from today,

the bank shall take a decision thereon, after affording an opportunity of hearing

to the petitioner or his authorised representative, within a period of two weeks

thereafter. Till such time as a final decision is taken on the proposal to be

submitted by the petitioner as above, coercive steps will be deferred.

Leaving open all the contentions of the petitioner, the writ petition is

disposed of as above.

Sd/-

GOPINATH P.

                                                             JUDGE
    okb/6.7
                                                            //True copy//    P.S. to Judge


                      APPENDIX OF WP(C) 15689/2022

PETITIONER EXHIBITS
Exhibit P1              TRUE COPY OF THE POSSESSION NOTICE DATED

08.12.2021 ISSUED BY THE RESPONDENT BANK.