G.S.Balakrishnan Nair vs The Authorised Officer
2022 Latest Caselaw 5456 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                      WP(C) NO. 23199 OF 2021
PETITIONER:

          G.S.BALAKRISHNAN NAIR
          AGED 59 YEARS
          S/O GANGADHARAN NAIR,
          AP 6/903, MADHURAPURI, KOVILU VILA, MYLACHAL
          DALUMUGHAM P.O.THIRUVANANTHAPURAM-695 125.
          BY ADVS.
          S.KRISHNA
          GOVIND R.


RESPONDENT:

          THE AUTHORISED OFFICER,
          REPRESENTED BY THE CHIEF MANAGER,
          STATE BANK OF INDIA,
          STRESSED ASSETS RECOVERY BRANCH,
          LMS COMPOUND, VIKAS BHAVAN P.O.,
          THIRUVANANTHAPURAM-695 033.
          BY ADV P.GOPAL

          SC-JITHESH MENON



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) 23199/2021
                                         2



                       BECHU KURIAN THOMAS, J
                     ..............................................
                        W.P.(C) No.23199 of 2021
                        .....................................
                   Dated this the 20 th day of May, 2022

                                  JUDGMENT

The writ petition is filed seeking directions to extend

the benefit of One Time Settlement to the petitioner.

2. Sri.P.Gopal, the learned counsel for the respondent,

upon instructions submitted that the Bank had been

quiet consistently offering settlement schemes to the

petitioner as is evident from Ext.P3, Ext.R(b), R(c)

and R(d), but the petitioner never responded to

those offers.

3. Despite the failure of the petitioner to respond to

the offers of settlement, it was submitted on behalf

of the respondent that the Bank is once again willing

to consider the settlement, provided the petitioner

submits a proposal for settlement.

4. Having considered the aforesaid submissions as well WP(C) 23199/2021

as the circumstances arising in the case, I am of the

view that this writ petition can be disposed of,

directing the petitioner to submit a proposal for

settlement within a period of 15 days from the date

of receipt of a copy of this judgment.

5. If such a proposal is submitted by the petitioner

within the said time, a decision thereon shall be

taken by the respondent within 15 days thereafter. If

the petitioner fails to submit a proposal as directed,

the respondent shall be free to proceed in

accordance with law. If the proposal is submitted as

directed, the respondent shall keep in abeyance all

proceedings for recovery under the SARFAESI Act,

till a decision is taken as directed.

The writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/20/05//2022 WP(C) 23199/2021

APPENDIX OF WP(C) 23199/2021

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 6.8.2019 Exhibit P2 A TRUE COPY OF THE POSSESSION NOTICE ISSUED BY THE RESPONDENT DATED 19.6.2020 Exhibit P3 A TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 9.2.2021 Exhibit P4 A TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 4.10.2021 RESPONDENTS EXHIBITS Exhibit R(a) COPY OF THE JUDGMENT DATED 26.07.2017 IN W.P.(C) NO.24762 of 2017 OF THIS HON'BLE COURT.

Exhibit R(b) COPY OF THE NOTICE DATED 12.06.2019 NO.

SARB/TVM/KUR/1469/2019-20 ISSUED BY THE RESPONDENT TO THE PETITIONER.

  Exhibit R(c)           COPY         OF         THE       LETTER
                         NO.SARB/AGM/TVM/SUN/008/2020-21    DATED

20.10.2020 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit R(d) COPY OF THE LETTER NO.SARB/TVM.RJB/SUN/2354/2021-22 DATED 27.01.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.

TRUE COPY