Saraswathy vs Authorised Officer
2022 Latest Caselaw 11115 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944
                        WP(C) NO. 28913 OF 2022
PETITIONER/S:

          LAVIA INFRA LIMITED
          BUILDING NO. 23/760, N.K TOWERS KARAMCODE P.O,
          KALLUVATHUKKAL, KOLLAM, KERALA, PIN-691579 REPRESENTED
          BY CHAIRMAN AND MANAGING DIRECTOR MR. V. SATHEESAN,
          AGED 29 YEARS, S/O MR. VASUDEVAN., PIN - 691579
          BY ADVS.
          MANOJ V GEORGE
          K.J.ALPHONS
          KEERTHANA.V
          THUSHARA PAILY
          ARCHANA KRISHNAN K.R.


RESPONDENT/S:

    1     AUTHORISED OFFICER
          STATE BANK OF INDIA, STRESSED ASSETS MANAGEMENT BRANCH,
          RAJA PLAZA, FIRST FLOOR, NO.1112, AVINASHI ROAD,
          COIMBATORE,, PIN - 641037
    2     BRANCH MANAGER
          COMMERCIAL BRANCH, STATE BANK OF INDIA, KOLLAM PIN-
          691001., PIN - 691001
    3     BRANCH MANAGER
          ANANDAVALLESWARAM BRANCH, STATE BANK OF INDIA, KOLLAM
          DISTRICT, PIN-691013, PIN - 691013
          BY ADVS.
          SHRI.JITHESH MENON, SC, SBI
          TOM K.THOMAS




          ADV. TOM K THOMAS (SC)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.11.2022, ALONG WITH WP(C).27744/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) Nos.28913 & 27744 of 2022           2




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944
                        WP(C) NO. 27744 OF 2022
PETITIONER/S:

          SARASWATHY
          AGED 77 YEARS
          W/O VASAVAN, AGED 77 YEARS, RESIDING AT CARAMEL,
          PADINAJATTIL, KACHERIBHAGAM, CHAVARA, KOLLAM, PIN -
          691583
          BY ADVS.
          MANOJ V GEORGE
          K.J.ALPHONS
          KEERTHANA.V
          THUSHARA PAILY
          ARCHANA KRISHNAN K.R.


RESPONDENT/S:
     1     AUTHORISED OFFICER
           STATE BANK OF INDIA, STRESSED ASSETS MANAGEMENT BRANCH,
           RAJA PLAZA, FIRST FLOOR, NO.1112, AVINASHI ROAD,
           COIMBATORE, ., PIN - 641037
     2     BRANCH MANAGER
           , COMMERCIAL BRANCH, STATE BANK OF INDIA, KOLLAM, PIN -
           691001
     3     BRANCH MANAGER
           ANANDAVALLESWARAM BRANCH, STATE BANK OF INDIA, KOLLAM
           DISTRICT,, PIN - 691013
     4     DISTRICT COLLECTOR KOLLAM
           , VHVF+3WQ, CIVIL STATION RD, KAANKATHU MUKKU, KOLLAM,
           KERALA 691013, PIN - 691013
           BY ADVS.
           SHRI.JITHESH MENON, SC, SBI
           TOM K.THOMAS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.11.2022, ALONG WITH WP(C).28913/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) Nos.28913 & 27744 of 2022         3



                               JUDGMENT

[WP(C) Nos.28913/2022, 27744/2022]

These writ petitions are filed essentially challenging the

proceedings initiated by the respondent bank under the

provisions of the SARFAESI Act to recover amounts under a

loan availed by a partnership firm known as 'NK Trading

Company'.

2. When these writ petitions are taken up for

consideration today, it is the submission of the learned counsel

appearing for the respondent bank in both these petitions that

the petitioners have submitted a proposal for One Time

Settlement together with two cheques for the total amount of

Rs.112 lakhs towards 10% of the One Time Settlement

Settlement amount. It is submitted that these cheques are

dated 25.11.2022 and if the cheques are encashed, the One

Time Settlement proposal will be considered by the competent

authority of the respondent bank.

3. Taking into consideration the above submission, I am

of the opinion that it is not necessary to keep these writ

petitions pending and they are accordingly closed, leaving it

open to the petitioners to pursue the proposal for One Time

Settlement that they have submitted to the respondent bank. All

contentions taken by the petitioners are left open.

The writ petitions are closed as above.

Sd/-

GOPINATH P.

                                                     JUDGE
ajt
 WP(C) Nos.28913 & 27744 of 2022        5



                      APPENDIX OF WP(C) 27744/2022

PETITIONER EXHIBITS
ExhibitP1               A TRUE COPY OF THE NOC ISSUED BY THE

RESPONDENT BANK DATED 04.12. 2017.

ExhibitP2 A TRUE COPY OF THE COMPANY MASTER DATA ISSUED BY THE REGISTRAR OF COMPANY ExhibitP3 A TRUE COPY OF THE SALE NOTICE DATED 06.04.2022 ISSUED BY THE 1ST RESPONDENT WP(C) Nos.28913 & 27744 of 2022 6

APPENDIX OF WP(C) 28913/2022

PETITIONER EXHIBITS ExhibitP1 A TRUE COPY OF THE NOC ISSUED BY THE RESPONDENT BANK DATED 04.12. 2017 ExhibitP2 A TRUE COPY OF THE COMPANY MASTER DATA ISSUED BY THE REGISTRAR OF COMPANY ExhibitP3 A TRUE COPY OF THE SALE NOTICE DATED 06.04.2022 ExhibitP4 A COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 20.08.2022