Jetto P.F vs The Authorised Officer South ...
2023 Latest Caselaw 7164 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
     FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                      WP(C) NO. 20521 OF 2023
PETITIONER:

          JETTO P.F
          AGED 56 YEARS
          S/O FRANCIS, POOKODAN HOUSE, ALAGAPPANAGAR POST,
          VENDOOR, AMBALLUR, THRISSUR, PIN - 680302

          BY ADVS.     JOHNSON JOSE PANJIKKARAN
                       RIMJU P.H.


RESPONDENT:

          THE AUTHORISED OFFICER SOUTH INDIAN BANK
          AKP CENTRE, CHRIST COLLEGE ROAD IRINJALKUDA, PIN -
          680125

          BY ADV MOHAN JACOB GEORGE

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.20521/2023

                                       -:2:-




                       Dated this the 23rd day of June,2023

                             JUDGMENT

The writ petition is filed, inter alia, to direct the

respondent to consider and dispose of Ext P3 proposal

submitted by the petitioner to avail the One Time

Settlement (OTS)Scheme.

2. The petitioner's case is that he had availed a

KCC Agricultural loan for Rs.75,00,000/- in the year

2014 from the respondent - Bank. The loan was again

renewed in the year 2019. The petitioner has offered

his properties as collateral security. Due to the

Covid-19 pandemic and the unprecedented flood that

happened in the State, the petitioner could not repay

the instalments on time. The Bank has now proceeded

against the secured asset under the Securitization and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act,2002. The petitioner is trying his W.P.(C)No.20521/2023

best to pay off the loan amount. The petitioner has

submitted Ext P3 proposal before the respondent -

Bank on 21.06.2023, to avail the benefit of the OTS

Scheme. The petitioner is apprehensive that before

the consideration of Ext P3, the respondent may

dispossess him. Hence, the writ petition.

3. Heard; Sri.Johnson Jose Panjikkaran, the

learned counsel appearing for the petitioner and

Sri.Mohan Jacob George, the learned counsel

appearing for the respondent.

4. Having considered the pleadings and

materials on record, and taking note of the fact that

Ext P3 proposal submitted by the petitioner is pending

consideration before the respondent, I deem it

appropriate to dispose of the writ petition by invoking

the powers of this Court under Article 226 of the

Constitution of India.

W.P.(C)No.20521/2023

Resultantly, the writ petition is ordered as follows:

(i) The respondent is directed to consider and dispose of Ext P3 proposal, in accordance with law and as expeditiously as possible, at any rate, within a period of one week from the date of receipt of a certified copy of this judgment, after affording the petitioner an opportunity of being heard.

(ii) Until such time orders are passed on Ext P3, all further proceedings pursuant to Exts P1 & P2 shall stand deferred.

Sd/-

                                      C.S.DIAS,JUDGE

DST/23.06.23                                        //True copy//

                                                    P.A.To Judge
 W.P.(C)No.20521/2023






                              APPENDIX


PETITIONER EXHIBITS
EXHIBIT P1          TRUE COPY OF THE AGREEMENT DATED 27.3.2023

BETWEEN PETITIONER AND BABURAJAN V V

EXHIBIT P2 TRUE COPY OF NOTICE ISSUED BY ADVOCATE COMMISSIONER APPOINTED BY CJM COURT, THRISSUR IN M.C 292 OF 2023 DATED 16.6.2023

EXHIBIT P3 TRUE COPY OF THE ONE TIME SETTLEMENT PROPOSAL DATED 21.6.2023 GIVEN BY PETITIONER

RESPONDENT'S EXHIBITS: NIL