Velayudhan Nair vs The Chief Manager
2024 Latest Caselaw 10419 Ker

Kerala High Court

Velayudhan Nair vs The Chief Manager on 11 April, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 18151 OF 2020
PETITIONER/S:

          VELAYUDHAN NAIR
          AGED 65 YEARS
          S/O.BHANUDEVAN NAIR, RESIDING AT SUMAYA MANZIL,
          ARINALLOOR P.O., MYNAGAPALLY, KOLLAM-691 003.
          BY ADVS.
          Adv P K Babu P K
          DIVYA B.NAIR(K/247/2009)


RESPONDENT/S:

          THE CHIEF MANAGER
          THE STATE BANK OF INDIA, BISHOP JEROM NAGAR, CHINNAKAD,
          KOLLAM-601 001.
          BY ADV SHRI.JAWAHAR JOSE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18151 OF 2020                      2



                                   JUDGMENT

This writ petition has been filed seeking the following

reliefs:

''I. To issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to Exhibit-P5 letter of the respondent and quash the same;

''II. To issue a writ of mandamus or any other appropriate directions compelling and commanding the respondent to close the loan account of extending the time limit mentioned in Exhibit-P1 order.''

2. Ext.P1 is an award of the Lok Adalat constituted

under the District Legal Services Authority, Kollam. The

amount payable by the petitioner to the respondent bank was

considered and Ext.P1 award was issued directing as

follows:-

''The Respondents / Defendants will pay Rs.2,10,000/- to the petitioners / plaintiffs on or before 31.3.2020 and in case of default, the Petitioners will have the right to realize Rs.4,03,269/- with interest at the rate of 6% from the Respondents / Defendants.''.

According to the petitioner, the petitioner was unable to pay

the sum of Rs.2,10,000/- or on before 31.03.2020. It is stated

that, the petitioner, however, paid a sum of Rs.2,10,000/- by

the Month of August-2020. It is in such circumstances, the

petitioner has approached this Court, seeking the above

reliefs.

3. Learned Standing Counsel appearing for the

respondent bank refers to the counter affidavit filed in this

case to contend that the actual amount due from the

petitioner, as per the statement of account on the date of

Ext.P1, was Rs.13,30,765/-. It is submitted that, considering

the above, the petitioner had got substantial relief by way of

Ext.P1 award and on failure to comply with the terms of the

award, the petitioner cannot be permitted to close the loan

account by accepting a sum of Rs.2,10,000/-. However, it is

submitted that, since Ext.P1 award also states that if the

petitioner is unable to pay the amount of Rs.2,10,000/- by

31.03.2020, he shall be liable to pay a sum of Rs.4,03,269/-

together with interest at the rate of 6% per annum, the bank

is now willing to settle the loan account by accepting a

further sum of Rs.2,00,000/- in full and final settlement of the

loan account, provided the amount is paid in full on or before

30.04.2024. This amount is payable in addition to the amount

of Rs.2,10,000/- already paid by the petitioner.

4. Learned counsel appearing for the petitioner would

submit that the petitioner will pay the sum of Rs.2 lakhs.

However, he prays that the petitioner may be permitted to

clear the said amount in two equal monthly instalments.

5. Having heard the learned counsel appearing for

the petitioner and the learned Standing Counsel appearing

for the respondent bank, I am of the opinion that this writ

petition can be disposed, permitting the petitioner to pay a

sum of Rs.2,00,000/- in full and final settlement of the loan

account to respondent bank in the following manner:-

(i) Petitioner shall pay a sum of Rs.1,00,000/- on or

before 30.04.2024 and a further sum of Rs.1,00,000/- on or

before 15.05.2024;

(ii) If the petitioner does not pay the aforesaid amount,

the respondent bank will be entitled to proceed for recovery

of the amounts due in terms of Ext.P1 award.

(iii) It is made clear that no further extension of time

will be granted to the petitioner under any circumstances.

Sd/-

GOPINATH P. JUDGE ajt

APPENDIX OF WP(C) 18151/2020

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER OF THE LOK ADALAT EXHIBIT P2 THE TRUE COPY OF THE STATEMENT OF ACCOUNT ISSUED BY THE RESPONDENT BANK EXHIBIT P3 THE TRUE COPY OF HTE PAY-IN-ALIP OF THE SBI EXHIBIT P4 THE TRUE COPY OF THE SUBMISSION DATED 10.07.2020 ISSUED TO THE RESPONDENT BANK EXHIBIT P5 THE TRUE COPY OF THE LETTER DATED 27.07.2020 ISSUED BY RESPONDENT BANK RESPONDENTS EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE STATEMENT OF ACCOUNTS WITH RESPECT TO ACCOUNT NO.57034122348