Kerala High Court
Omana Babu vs Reserve Bank Of India on 21 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 21ST DAY OF MARCH 2023 / 30TH PHALGUNA, 1944
WP(C) NO. 2960 OF 2023
PETITIONER:
SHAJU K.O.
AGED 52 YEARS, S/O. OUSEPH,
KALANCHERY HOUSE, MELUR, KUNNAPILLY,
THRISSUR, PIN - 680311
BY ADVS.
RAMESH .P
FATHIMA NARGIS K.A.
SANGEERTHANA M.
RESPONDENTS:
1 RESERVE BANK OF INDIA
BAKERY JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
REP. BY GENERAL MANAGER.
2 SOUTH INDIAN BANK
SIB HOUSE, T.B. ROAD, MISSION QUARTERS,
THRISSUR, PIN - 680001
REP. BY GENERAL MANAGER.,
3 THE AUTHORIZED OFFICER
REGIONAL OFFICE, SOUTH INDIAN BANK LTD.,
PLATINUM JUBILEE BUILDING,
CIVIL LANE ROAD, AYYANTHOLE,
THRISSUR, PIN - 680003
BY ADV P.A.AUGUSTINE AREEKATTEL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2023, ALONG WITH WP(C).2747/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 2960 & 2747 OF 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 21ST DAY OF MARCH 2023 / 30TH PHALGUNA, 1944
WP(C) NO. 2747 OF 2023
PETITIONER:
OMANA BABU
AGED 52 YEARS, D/O. DEVASSY,
KUTTUKARAN HOUSE, MARATHAKKARA,
PUTHOOR, THRISSUR, PIN - 680306
BY ADVS.
RAMESH .P
FATHIMA NARGIS K.A.
RESPONDENTS:
1 RESERVE BANK OF INDIA
BAKERY JUNCTION, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
REP. BY GENERAL MANAGER.
2 SOUTH INDIAN BANK
SIB HOUSE, T.B. ROAD, MISSION QUARTERS,
THRISSUR, PIN - 680001,
REP. BY GENERAL MANAGER.
3 THE AUTHORIZED OFFICER
REGIONAL OFFICE, SOUTH INDIAN BANK LTD.,
PLATINUM JUBILEE BUILDING, CIVIL LANE ROAD,
AYYANTHOLE, THRISSUR, PIN - 680003
BY ADV P.A.AUGUSTINE AREEKATTEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.03.2023, ALONG WITH WP(C).2960/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2960 & 2747 OF 2023
3
T.R. RAVI, J.
--------------------------------------------
W. P. (C). Nos. 2960 & 2747 of 2023
--------------------------------------------
Dated this the 21st day of March, 2023
JUDGMENT
Petitioners have approached this Court challenging the
proceedings for taking physical possession of the property.
2. The Standing Counsel on instructions submits that there
are two loan accounts and both the loan accounts have become NPA
more than a year back. The total amount outstanding comes to
₹23,44,547/- as on 30.01.2023. It is submitted that since the term
of the loans are also over, there is no scope for any regularisation
of the loan accounts.
Since the petitioners seek permission to pay off the amounts
outstanding in easy instalments, I am of the opinion that the
petitioners should be directed to approach the Bank for the said
purpose. The writ petition is hence disposed of directing the
petitioners to approach the Bank within 10 days from today with a
proposal regarding the manner in which they intend to wipe off the
liabilities and on receipt of such request, the Bank shall process the
same and inform the petitioners about the decision of the Bank
WP(C) NO. 2960 & 2747 OF 2023
within a further period of 10 days. The petitioners shall not be
dispossessed till a decision is taken as aforesaid.
Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 2960 & 2747 OF 2023
APPENDIX OF WP(C) 2960/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER BY THE ADVOCATE COMMISSIONER
DATED 13/01/2023 IN M.C. NO. 840/2022
ExhibitP2 TRUE COPY OF THE STATEMENT OF ACCOUNTS OF
THE 2ND RESPONDENT
WP(C) NO. 2960 & 2747 OF 2023
APPENDIX OF WP(C) 2747/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER BY THE ADVOCATE COMMISSIONER
DATED 13/01/2023 IN M.C. NO. 840/2022
ExhibitP2 TRUE COPY OF THE STATEMENT OF ACCOUNTS OF
THE 2ND RESPONDENT DATED 21/01/2023
