Aboobacker M H vs The Manager
2023 Latest Caselaw 1530 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
         FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                           WP(C) NO. 1916 OF 2023
PETITIONERS:

     1      ABOOBACKER M H
            AGED 54 YEARS
            S/O HAMZA
            MURAVANCHERY HOUSE,
            KARAKURUSSI POST,
            MANNARKKAD, PIN - 678595
     2      JAMEELA K K
            AGED 48 YEARS
            W/O ABOOBACKER M H
            MURAVANCHERY HOUSE
            VALLYATTA
            KARAKURISSI POST
            MANNARKKAD, PALAKAD, PIN - 678595
            BY ADVS.
            RAHUL SASI
            NEETHU PREM
            MANU K. MURALI

RESPONDENTS:

     1      THE MANAGER
            PUNJAB NATIONAL BANK,
            MANNARKKAD BRANCH,
            THAJ TRADE CENTRE, OPP. POLICE STATION
            MANNARKKAD, PALAKAD, PIN - 678582
     2      THE AUTHORISED OFFICER
            PUNJAB NATIONAL BANK,
            MARKET ROAD, ERNAKULAM, PIN - 682011
            ADV. B SATHEEZ CHANDRAN, STANDING COUNSEL

     THIS   WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.1916 of 2023
                                       2




                              JUDGMENT

Dated this the 20th day of January, 2023

The petitioner has filed this writ petition

challenging the proceedings initiated against the

petitioner under the SARFAESI Act, 2002.

Proceedings are stated to be at the stage of

issuance of notice under sub-section 2 of Section

13(2).

2. Learned counsel for the petitioner submits

that the petitioner wishes to approach the bank for

settling the liability under One Time Settlement.

Since the proceedings are at the stage of

demand notice under sub-section (2) of Section 13,

this writ petition will stand disposed of directing the

bank to take a decision on Ext.P2 request stated to

have been made by the petitioner for grant of One

Time Settlement after affording an opportunity of WPC No.1916 of 2023

hearing to the petitioner. All contentions raised by

the petitioner in this writ petition are left open.

Sd/-

GOPINATH P.

JUDGE SKP/20-01 WPC No.1916 of 2023

APPENDIX OF WP(C) 1916/2023

PETITIONERS' EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE SECTION 13(2) DEMAND NOTICE DATED 24.11.2022 ISSUED BY THE 1ST RESPONDENT BANK EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 20.12.2022 BY THE PETITIONER HEREIN REQUESTING FOR ONE-TIME SETTLEMENT ALONG WITH POSTAL ACKNOWLEDGMENT CARD RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE