George Baby, S/O. Late George vs State Bank Of India, Represented ...
2023 Latest Caselaw 4257 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
   FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                     WP(C) NO. 10788 OF 2023
PETITIONERS:

    1     GEORGE BABY, S/O. LATE GEORGE,
          AGED 67 YEARS
          GEORGESONS GROUP, ADOOR P.O., PATTANAMTITTA,
          PIN - 691 523.

    2     GEORGE K BABY, S/O GEORGE BABY,
          AGED 33 YEARS
          GEORGESONS GROUP, ADOOR P.O., PATTANAMTITTA,
          PIN - 691 523.

    3     SREEDHARAN NAIR, S/O. RAGHAVAN PILLAI,
          AGED 74 YEARS
          MALLELIL HOUSE, KONNITHAZHAM, PATHANAMTHITTA,
          ATTACHAKKAL, KERALA, PIN - 689 692.

          BY ADVS.
                A.BALAGOPALAN
                A.RAJAGOPALAN
                M.N.MANMADAN
                M.S.IMTHIYAZ AHAMMED
                P.SEENA
                VISWANATH SALISH
                PRABHU MURALI KRISHNAN
                A.R. AMAL
                RALITZINE MENDEZ


RESPONDENTS:

    1     STATE BANK OF INDIA,
          REPRESENTED BY ITS ASSISTANT GENERAL MANAGER
          LMS COMPOUND, VIKAS BHAVAN, THIRUVANANTHAPURAM,
          PIN - 695 033.

    2     THE ASSISTANT GENERAL MANAGER, STRESSED ASSETS
          RECOVERY BRANCH, LMS COMPOUND, VIKAS
          BHAVAN,THIRUVANANTHAPURAM,PIN - 695 033.
 WP(C) No.10788 of 2023                  2

     3       CHIEF MANAGER AND AUTHORISED OFFICER,
             STRESSED ASSETS RECOVERY BRANCH
             LMS COMPOUND, VIKAS BHAVAN, THIRUVANANTHAPURAM,
             PIN - 695 033.

             BY ADV TOM K.THOMAS


OTHER PRESENT:

             SRI. GILBERT GEORGE CORREYA, SC.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.03.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.10788 of 2023                    3

                                 T.R RAVI, J
                     ---------------------------------------
                         WP(C) No. 10788 of 2023
                      --------------------------------------
                  Dated this the 31st day of March, 2023

                               JUDGMENT

When the case is taken up today, it is submitted that the issue

has been settled and no further orders are required in this writ

petition. This writ petition is closed.

Sd/-

T.R RAVI AMR JUDGE

APPENDIX OF WP(C) 10788/2023

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER DATED 27.01.2022 ISSUED BY THE 2ND RESPONDENT INFORMING THE 1ST PETITIONER THAT COMPROMISE COULD BE CONSIDERED ONLY FOR THE ENTIRE GROUP ACCOUNTS.

Exhibit P2 TRUE COPY OF THE LETTER DATED 25.05.2022 ISSUED BY THE 2ND RESPONDENT INFORMING THE 1ST PETITIONER THAT HIS OFFER FOR SETTLEMENT OF THE LIABILITIES FOR RS. 10,00,00,000/- HAS BEEN ACCEPTED BY THE 1ST RESPONDENT BANK.

Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 03.06.2022.

Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE GIBIN GEORGE VARGHESE DATED 14.07.2022.

Exhibit P5 TRUE COPY OF THE POSSESSION NOTICE DATED 23.02.2022 ISSUED BY THE 3RD RESPONDENT TO M/S. SHAKTI CONCRETE INDUSTRIES.

Exhibit P6 TRUE COPY OF THE LETTER DATED 08.07.2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

Exhibit P7 TRUE COPY OF THE JUDGEMENT DATED 21.10.2022 IN WP(C) NO. 24241 OF 2022.

Exhibit P8 TRUE COPY OF THE LETTER DATED 18.11.2022 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER.

Exhibit P9 TRUE COPY OF NOTICE FOR SALE DATED 05.12.2022 ISSUED BY THE 1ST RESPONDENT BANK.

Exhibit P10 TRUE COPY OF THE RELEVANT PAGE MALAYALA MANORAMA DATED CONTAINING THE NOTICE FOR

SALE.

Exhibit P11 TRUE COPY OF THE LETTER 10.12.2022 SENT BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P12 TRUE COPY OF THE JUDGEMENT IN W.P.(C) 41459 OF 2022 DATED 22.12.2022.

Exhibit P13 TRUE COPY OF THE MODIFIED SETTLEMENT OFFER LETTER SENT TO THE 1ST RESPONDENT VIDE EMAIL DATED 09.02.2023.

Exhibit P14 TRUE COPY OF THE LETTER DATED 13.02.2023 TO THE 1ST PETITIONER STATING THAT 10% OF THE TOTAL SETTLEMENT OFFER IS NOT PAID BY THE PETITIONERS.

Exhibit P15 TRUE COPY OF NOTICE FOR SALE DATED 03.03.2023 ISSUED BY THE 1ST RESPONDENT BANK.

Exhibit P16 TRUE COPY OF THE AGREEMENT FOR SALE EXECUTED BETWEEN THE 1ST PETITIONER AND THE 3RD PETITIONER DATED 09.03.2023.

Exhibit P17 TRUE COPY OF THE LETTER DATED 23.03.2023 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER CONFIRMING THE RECEIPT OF RS.75,00,000/- IS PRODUCED.