Mohammed Hussain vs State Bank Of India
2023 Latest Caselaw 10694 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                  &
                THE HONOURABLE MR.JUSTICE V.G.ARUN
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                         WA NO. 1683 OF 2023
AGAINST THE JUDGMENT IN WP(C) 24083/2023 DATED 18.08.2023 OF HIGH
                           COURT OF KERALA
APPELLANT/PETITIONER:

          MOHAMMED HUSSAIN
          AGED 63 YEARS
          S/O HAMEED. PANIKKAVEETTIL NRANATH HOUSE, PADOOR PO,
          THRISSUR PIN, PIN - 680524
          BY ADV NISHIN GEORGE VIJAYABABU


RESPONDENT/RESPONDENT:

          STATE BANK OF INDIA
          RASMEC KUNNAMKULAM, TELEPHONE EXCHANGE BUILDING,
          KANIYAMPAL ROAD, KUNNAMKULAM, THRISSUR 680 503
          REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 680503
          BY ADV ADV.JAYESH MOHAN KUMAR(B/O)


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.10.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1683 OF 2023


                                  -2-



                            JUDGMENT

A,J.DESAI, C.J.

By way of the present appeal filed under Section 5 of the Kerala

High Court Act, the original petitioner has challenged the judgment

dated 18.08.2023, passed by the learned Single Judge, in the caption

W.P.(C)No.24083/2023, by which, the reliefs sought for by the

petitioner to extend the time to pay the installment, is refused.

2. Having heard the learned Advocates appearing for

respective parties and having gone through the impugned judgment,

it is clear that the bank had agreed to the offer for payment under

the One Time Settlement Scheme. Even as per the One Time

Settlement Scheme, the appellant did not pay the amount. Hence,

the learned Single Judge rightly dismissed the petition in view of the

decision of the Hon'ble Apex Court in State Bank of India v.

Arvindra Electronics Private Ltd [2022 KHC 7165].

The writ appeal is disposed of accordingly. However it is open WA NO. 1683 OF 2023

for the bank to consider the request made by the appellant for One

Time Settlement Scheme, afresh.

Sd/-

A.J.DESAI CHIEF JUSTICE

Sd/-

V.G.ARUN JUDGE

uu 16.10.2023