Chandran.P.V vs M/S. South Indian Bank Ltd
2023 Latest Caselaw 2836 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                       WP(C) NO. 6932 OF 2023
PETITIONER:

          CHANDRAN.P.V
          AGED 58 YEARS
          S/O. VELU, KUNNATHU HOUSE, PAITHALA,
          OLIMKADAVU, MANGALAM DAM, OLIPARA,
          PALAKKAD DISTRICT, PIN - 678 706

          BY ADVS.
          G.HARIHARAN
          PRAVEEN.H.
          K.S.SMITHA
          V.R.SANJEEV KUMAR
          GENTLE C.D.


RESPONDENT:

          M/S. SOUTH INDIAN BANK LTD
          NEMMARA BRANCH, NEMMARA
          REPRESENTED BY THE CHIEF MANAGER/
          AUTHORISED OFFICER MR.JOY.P.V
          DOOR NO.735/2 FIRST FLOOR,
          D&D ARCADE BUILDING, CHITTUR ROAD,
          MANAPULLIKAVU, KUNNATHURMEDU.P.O.,
          PALAKKAD ., PIN - 678 013

          BY ADV S.EASWARAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6932 OF 2023
                                      2

                           T.R.RAVI, J.
                    ----------------------------------------
                      WP (C) No.6932 of 2023
                   -------------------------------------------
              Dated this the 01st day of March, 2023

                           JUDGMENT

The petitioner has approached this Court seeking

permission to pay off the amounts due to the respondent

Bank by means of a one time settlement.

2. The counsel for the respondent submits that if the

petitioner approaches the Bank within a week with a

proposal, the same can be considered.

3. The writ petition is hence disposed of directing the

the petitioner to approach the Bank with a settlement

proposal within one week from today and if the petitioner

submits a proposal, the same shall be considered and ordered

by the Bank within another week therefrom. Coercive steps

shall be kept in abeyance till a decision is taken by the Bank

in the application that is to be submitted by the petitioner

within a week.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 6932 OF 2023

APPENDIX OF WP(C) 6932/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 29.06.2020 ISSUED BY THE RESPONDENT BANK ADDRESSED TO THE PETITIONER AND THE GUARANTOR

Exhibit P2 TRUE COPY OF THE ORDER DATED 18.02.2022 ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD IN M.C.NO.9/2022

Exhibit P3 TRUE COPY OF THE PETITION FILED U/S.17 (1) OF THE SARFAESI ACT BEFORE HON'BLE DEBT RECOVERY TRIBUNAL - I, ERNAKULAM

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 06.07.2022 FILED BY THE PETITIONER BEFORE THE HON'BLE DEBT RECOVERY TRIBUNAL - I, ERNAKULAM SEEKING STAY OF RECOVERY PROCEEDINGS BY THE RESPONDENT BANK

Exhibit P5 TRUE COPY OF THE NOTICE DATED 07.10.2022 ISSUED BY THE ADVOCATE COMMISSIONER TO THE PETITIONER

Exhibit P6 TRUE COPY OF THE APPLICATION DATED 20.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE DEBT RECOVERY TRIBUNAL

Exhibit P7 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF RS.5/- LAKHS BY THE PETITIONER TO THE RESPONDENT BANK ON 12.01.2023

Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 10.01.2023 ADDRESSED TO THE PETITIONER

RESPONDENT'S EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE