Citation : 2023 Latest Caselaw 5639 Ker
Judgement Date : 12 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
WA NO. 904 OF 2023
AGAINST THE INTERIM ORDER IN WP(C) 12316/2023 1.04.2023
OF THE HIGH COURT OF KERALA
APPELLANT/PETITIONER:
MR. SAMEER V. T.,
AGED 41 YEARS
S/O SHOUKATHALI, VALIYATHODIYIIL HOUSE,
KARAMBURATH , PARAMBA, KOLATHARA P.O,
KOZHIKODE. 673655, PIN - 673655
BY ADV E.A.BIJUMON
RESPONDENT/RESPONDENT:
STATE BANK OF INDIA
ASSET RECOVERY MANAGEMENT BRANCH, 40/947 1ST
FLOOR R S BUILDING, METRO PILLAR NO. 697, OPP
MAHARAJAS COLLEGE GROUND, M G ROAD, ERNAKULAM -
682 011, REPRESENTED BY THE AUTHORIZED OFFICER.
BY ADVS.
SHRI.JITHESH MENON, SC, SBI
TOM K.THOMAS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 904 OF 2023
2
JUDGMENT
Devan Ramachandran,J.
We are considering the afore appeal with the consent of
both parties and as requested by them.
2. The sole issue for our consideration is whether the
Writ Petitioner can be granted some time to pay off the
outstanding amounts in his loan account, under a 'One Time
Settlement Scheme', which had been agreed between the
parties on an earlier occasion.
3. Sri.Tom K.Thomas - learned Standing Counsel for
the Bank, fairly conceded that if the Writ Petitioners are ready
to pay Rs.3.7 Crores, along with all applicable charges and
interest from 28.02.2023 - when the earlier 'One Time
Settlement Scheme' expired, the loan account can be closed
and title documents of the secured assets can be released.
3. Sri.Bijumon E.A. - learned counsel for the
petitioner accepted the afore suggestion.
In the afore circumstances, the afore appeal is allowed
and the petitioner is permitted to pay the amount of Rs.3.7
Crores to the Bank, along with all applicable charges and
interest from 28.02.2023, on or before 17.05.2023; in which
event, the loan will stand closed and the title documents of WA NO. 904 OF 2023
the secured assets will be handed over to him by the Bank.
Needless to say, if the afore directions are to be refused
or failed to be complied with by the Writ Petitioner, the Bank
will be at full liberty to initiate and continue further action as
per law, without any further orders from this Court.
Sd/- DEVAN RAMACHANDRAN, JUDGE
Sd/- SOPHY THOMAS, JUDGE
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