Shaju K A vs State Bank Of India
2023 Latest Caselaw 4965 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                        WP(C) NO. 13696 OF 2023


PETITIONER/S:

          SHAJU K A,
          AGED 45 YEARS, S/O. ALI K V,
          KANNOOKKADAN HOUSE, VADAMA P.O,
          MALA, THRISSUR, PIN - 680732

          BY ADVS.
          SADCHITH.P.KURUP
          C.P.ANIL RAJ
          SIVA SURESH



RESPONDENTS:

    1     STATE BANK OF INDIA
          IRINJALAKKUDA TOWN BRANCH
          IRINJALAKKUDA P.O, IRINJALAKKUDA,
          PIN - 680121
          REPRESENTED BY ITS BRANCH MANAGER

    2     THE AUTHORISED OFFICER
          S TATE BANK OF INDIA
          STRESSED ASSET RECOVERY BRANCH,
          7TH FLOOR, VANKARATH BUILDING,
          PALARIVATTOM, PIN - 682025

          BY ADV SHRI.JITHESH MENON, SC, SBI




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13696 OF 2023
                                     2



                               T.R. RAVI, J.
                --------------------------------------------
                       W. P. (C). No.13696 of 2023
                 --------------------------------------------
                   Dated this the 13th day of April, 2023

                               JUDGMENT

Petitioner has sought directions to the respondents Bank to

regularise the loan accounts. The standing counsel on instructions

submits that the petitioner has availed of a cash credit loan and a

housing loan and a sum of ₹93,93,000/- is outstanding. It is submitted

that the cash credit loan cannot be regularised and from 2017 onwards,

there was no business being carried out. As far as the housing loan is

concerned, it is submitted that even though a One Time Settlement

facility was granted, that has also failed. It is further submitted that an

Original Application has already pending before the Debt Recovery

Tribunal.

In the above circumstances, no relief can be granted by this Court

in exercise of extra ordinary jurisdiction under Section 226 of the

Constitution of India. The writ petition is closed with liberty to the

petitioner to approach the Debt Recovery Tribunal for appropriate reliefs.

This Court is not making any observation regarding the merits of the

contentions. Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 13696 OF 2023

APPENDIX OF WP(C) 13696/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE ORDER IN MC 394/2022 DATED 14.09.2022 OF CJM COURT THRISSUR