Molly Sunny, Represented By Her ... vs The South Indian Bank Ltd. And ...
2023 Latest Caselaw 10768 Ker

   WP(C) NO. 34533 OF 2023      1


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE K. BABU
  THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                         WP(C) NO. 34533 OF 2023
PETITIONER:

            MOLLY SUNNY, REPRESENTED BY HER POWER OF ATTORNEY
            HOLDER ANINTO M. SUNNY, AGED 60 YEARS
            W/O. JOSEPH SUNNY, MANGALAM HOUSE, KOLAYAD P.O.,
            CHITTARIPARAMBA, KANNUR, KERALA, REPRESENTED BY HER
            POWER OF ATTORNEY HOLDER, ANINTO M. SUNNY, S/O.
            JOSEPH SUNNY, MANGALAM HOUSE, KOLAYAD P.O.,
            CHITTARIPARAMBA, KANNUR, KERALA, PIN - 670650
            BY ADVS.
            D.G.VIPIN
            DANIEL A.J.
            MANISHA V.V
            ANNA ROSE NAMBADAN
RESPONDENTS:
     1    THE SOUTH INDIAN BANK LTD., REGISTERED OFFICE AT SIB
          HOUSE, TB ROAD, MISSION QUARTERS, THRISSUR, KERALA,
          REPRESENTED BY ITS' CHAIRMAN, PIN - 680001
     2    THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE,
          KANNUR, KVR TOWER, PAMPAN MADHAVAN ROAD, TALAP,
          KANNUR, KERALA, REPRESENTED BY ITS' REGIONAL
          MANAGER, PIN - 670002
     3    THE BRANCH MANAGER, THE SOUTH INDIAN BANK LTD.,
          REGIONAL OFFICE, KANNUR, KVR TOWER, PAMPAN MADHAVAN
          ROAD, TALAP, KANNUR, KERALA, PIN - 670002
     4    THE AUTHORIZED OFFICER, THE SOUTH INDIAN BANK LTD.,
          REGIONAL OFFICE, KANNUR, KVR TOWER, PAMPAN MADHAVAN
          ROAD, TALAP, KANNUR, KERALA, PIN - 670002
          P A AUGUSTINE,SC


   THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
   WP(C) NO. 34533 OF 2023         2


                                K.BABU, J
                 -------------------------------------------------
                       W.P(C) No.34533 of 2023
                 --------------------------------------------------
                 Dated this the 19th day of October, 2023

                              J U D G M E N T

The prayers in this Writ Petition filed under Article 226 of the

Constitution of India are as follows:-

"a) To issue a writ of Certiorari or any other appropriate Writ. Order or Direction calling for the entire records leading to the issuance of Exhibit P-6 and P-9 set aside the same, finding as illegal.

b) To issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing the respondents to permit the petitioner to pay the overdue amount in is instalments as decided by this Honorable Court and make the OD A/C. No. 0449656000000054 maintained in the name of the petitioner and her husband with the respondents regular.

c) To issue a writ of mandamus or any other appropriate Writ, Order or Direction directing the respondents to permit the petitioner to pay the entire amount due to the respondent bank from the OD A/C. No. 0449656000000054 maintained in name of the petitioner and her husband in instalments as decided by this Honorable Court and close the said account.

d) To dispense with the production of the translated copies of the documents in vernacular language.

And

e) Any other appropriate writ, order or direction as this Honorable Court deem fit and proper in the facts and circumstance of the above case. ''

2. Heard both sides.

3. The petitioner had earlier approached the Bank pursuant to

the directions of this Court in W.P(C) No.28184/2023, seeking the benefit

of One Time Settlement, which was rejected. The learned counsel for the

petitioner submits that the petitioner intends to submit another request to

get the benefit of One Time Settlement, based on a modified proposal.

4. The learned Standing Counsel for the Bank submits that, if

such a proposal is made, the Bank will consider the same in accordance

with law.

Having regard to the submissions, the Writ Petition is disposed of

directing the competent authority of the respondent Bank to consider the

proposal of the petitioner for One Time Settlement, if submitted within

two weeks from today and dispose of the same within two weeks thereof.

The proceedings initiated against the petitioner under the SARFAESI Act

shall be kept in abeyance for a period of one month from this date. The

petitioner is also at liberty to approach the Bank seeking permission to

remit the amount in instalments.

K.BABU JUDGE ab

APPENDIX OF WP(C) 34533/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY MOLLY SUNNY IN FAVOUR OF ANINTO M. SUNNY Exhibit P-2 TRUE COPY OF THE MEDICAL REPORT DATED 09.08.2023 ISSUED FROM ASTER MIMS HOSPITAL, KANNUR Exhibit P-3 TRUE COPY OF THE PROVISIONAL BILL DATED 09.08.2023 Exhibit P-4 TRUE COPY OF THE LETTER DATED 24.01.2023 DECLARING THE ACCOUNT OF THE HUSBAND OF THE PETITIONER AS NPA Exhibit P-5 TRUE COPY OF THE NOTICE NO.RO-KNR/0449/RGN/SH/1876/22-23 DATED 3.2.2023 Exhibit P-6 TRUE COPY OF THE NOTICE UNDER SECTION 13 (4) OF THE SARFAESI ACT, 2002 DATED 1.7.2023 Exhibit P-7 TRUE COPY OF THE JUDGMENT DATED 5.9.2023 IN W.P.(C)NO.28184/2023 Exhibit P-8 TRUE COPY OF THE ONE TIME SETTLEMENT PROPOSAL DATED 15.9.2023 Exhibit P-9 TRUE COPY OF THE LETTER NO.

KNR:GEN:SAR:RA:61:23-24 DATED 25.9.2023