Saji Yohannan vs The Authorised Officer, M/S ...
2023 Latest Caselaw 3419 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
      FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                      WP(C) NO. 10428 OF 2023
PETITIONER:

          SAJI YOHANNAN
          AGED 60 YEARS
          S/O YOHANNAN, LAKE VIEW MANKONAM, MULAVANA, ELAMPALLOOR
          P.O, KOLLAM ., PIN - 691503

          BY ADVS.
          SAJU J PANICKER
          KURIAN K JOSE



RESPONDENT:

          THE AUTHORISED OFFICER, M/S DHANLAXMI BANK LIMITED
          REGIONAL OFFICE, SECOND FLOOR, AMRIT PLAZA, NALUMUKKU
          JUNCTION, PETTA, THIRUVANANTHAPURAM., PIN - 635024

          BY ADV NAGARAJ NARAYANAN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10428 OF 2023


                                  2




                              T.R. RAVI, J.
               --------------------------------------------
                       W.P.(C).No.10428 of 2023
                --------------------------------------------
                 Dated this the 24th day of March, 2023


                              JUDGMENT

The petitioner had approached this Court earlier and sought a

direction to the respondent to consider the One Time Settlement

proposal that was submitted. This Court passed Ext.P1 judgment.

Thereafter, the petitioner submitted a One Time Settlement proposal

which was retuned by the Bank asking the petitioner to submit a

better proposal. The petitioner has now approached this Court

seeking permission to pay the amount in instalments. The petitioner

cannot be allowed to delay the recovery proceedings by shifting from

one option to another one and seeking orders of this Court to support

that. It is up to the petitioner to submit a better proposal and pay off

the amounts.

The writ petition is hence dismissed. However, if the petitioner

submits a proposal within one week from today bettering the earlier

proposal for One Time Settlement, the same shall be considered by

the Bank and the decision informed the petitioner. The dispossession WP(C) NO. 10428 OF 2023

shall be kept in abeyance for a period of ten days to facilitate the

above process.

Sd/-

T.R.RAVI JUDGE

LEK WP(C) NO. 10428 OF 2023

APPENDIX OF WP(C) 10428/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 13.09.2022 IN WP (C) 29213 OF 2022 OF THIS HON'BLE COURT .

Exhibit P2 THE TRUE COPY OF THE RECEIPT DATED 12.12.2022 EVIDENCING THE PAYMENT OF AMOUNT

ExhibitP3 THE TRUE COPY OF THE LETTER DATED 16.01.2023 ISSUED BY THE RESPONDENT BANK.

Exhibit P4 THE TRUE COPY OF THE NOTICE DATED 13.03.2023 ISSUED BY THE ADVOCATE COMMISSIONER.