Mr. Shantin Joy vs Authorised Officer, Federal Bank ...
2022 Latest Caselaw 9097 Ker

W.P(C).21679/22                         1

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
       WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                          WP(C) NO. 21679 OF 2022
PETITIONER/S:

      1       SHANTIN JOY
              AGED 39 YEARS
              S/O, JOY E.S, EDATTUKARAN HOUSE,
              KURIACHIRA, THRISSUR, PIN - 680006
      2       MERCY JOY
              AGED 69 YEARS
              W/O JOY E.S,
              EDATTUKARAN HOUSE,
              KURIACHIRA, THRISSUR, PIN - 680006
              BY ADV S.S.ARAVIND


RESPONDENT/S:

      1       AUTHORISED OFFICER, FEDERAL BANK LTD
              LOAN COLLECTION AND RECOVERY DEPARTMENT
              1ST FLOOR, FEDERAL TOWERS, T.B. ROAD,
              THRISSUR, PIN - 680001
      2       M/S FEDERAL BANK LTD , REPRESENTED BY CHAIRMAN
              FEDERAL TOWERS, MARKET ROAD,
              PERIYAR NAGAR, ALUVA, ERNAKULAM, PIN - 683101
      3       FEBIN CHERIYAN
              AGED 42 YEARS
              S/O T.J.CHERIYAN,
              THARAKEN HOUSE, PAVARATTY,
              CHAVAKKAD, THRISSUR., PIN - 680507
              BY ADVS.
              SUNIL SHANKAR A
              P.PAULOCHAN ANTONY
              VIDYA GANGADHARAN(K/000424/2020)


OTHER PRESENT:

              SRI. SUNIL SHANKAR (SC)
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).21679/22                                2



                                      JUDGMENT

When this matter is taken up for consideration today, the learned

counsel appearing for the petitioners states that the petitioners are not in a

position to comply with the condition imposed by this Court through interim

order dtd. 12.7.2022, where it was recorded as under:

"When this matter is taken up for consideration today, the learned counsel appearing for the petitioners submits that the petitioners have submitted a proposal to settle the liabilities of the bank by paying an amount of Rs.20 crores on or before 31.3.2023.

2. The learned counsel appearing for the bank would submit that the proposal is without any bonafides. It is submitted that the petitioners must show bonafides as the present liability is about Rs.32.20 crores.

3. The learned counsel for the petitioners states that, in order to show bonafides, the petitioners are willing to deposit a sum of Rs.2 crores within three weeks from today.

Taking note of the submissions as above, this matter is adjourned to be heard on 27.7.2022. The petitioners will deposit a sum of Rs.2.00 crores on or before that date."

It is submitted that the petitioners are willing to vacate their residential

house and handover vacant position to the 1 st respondent on or before

05.8.2022. This is recorded and the writ petition is closed. However, the

petitioners will be at liberty to avail any statutory remedies available to the

petitioners.

Sd/-

GOPINATH P.

                                                                  JUDGE
    okb/27.7
                                                                 //True copy//    P.S. to Judge


                      APPENDIX OF WP(C) 21679/2022

PETITIONER EXHIBITS
Exhibit-P1              TRUE COPY OF DEMAND NOTICE ISSUED BY THE 1ST

RESPONDENT TO THE PETITIONERS DATED 07/08/2021.

Exhibit-P2 TRUE COPY OF THE POSSESSION NOTICE DATED 29-

01-2022 FILED BY THE 1ST RESPONDENT TO THE PETITIONERS Exhibit-P3 TRUE COPY OF APPLICATION FOR ONE TIME SETTLEMENT OFFER DATED 02/05/2022 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT BANK Exhibit-P4 TRUE COPY OF REJECTION LETTER DATED 03/06/2022 ISSUED BY THE RESPONDENT BANK TO THE 2ND PETITIONER.

Exhibit-P5 TRUE COPY OF OTS OFFER DATED 28/06/2022 SUBMITTED BY THE PETITIONERS Exhibit-P6 TRUE COPY OF NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 02/06/2022 TO THE PETITIONERS.