Kerala High Court
P.D Mathew vs Union Bank Of India on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
WP(C) NO.15573 OF 2024
PETITIONER :-
P.D MATHEW, AGED 78 YEARS
S/O .LATE DEVASIA, RESIDING AT PULLAT HOUSE
KANAKKARY P.O., KOTTAYAM, PIN - 686 632
BY ADVS.
L.RAM MOHAN
M.AUBREY ABRAHAM ISAAC
RESPONDENT :-
UNION BANK OF INDIA,
REGIONAL OFFICE, KOTTAYAM, III FLOOR,
AMALA TOWERS, ADICHIRA JUNCTION,
KOTTAYAM, PIN - 686 016
REPRESENTED ITS MANAGER
BY SRI.A S P KURUP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.15573 OF 2024
-: 2 :-
JUDGMENT
Dated this the 16th day of April, 2024
The above writ petition is filed with the following prayers :-
"(i) Call for the records relating to the issuance of Exhibits
P3 and P6 and issue a writ of certiorari or any othe
appropriate writ, order or direction quashing of Exhibits
P3 and P6.
(ii) Issue a writ of mandamus or any other appropriate writ,
direction or order directing the respondent to permit
the petitioner to make the payments as per Exhibit P4
approval.
(iii) Grant such other reliefs which deems fit and proper in
the interest of justice.
(iv) Production of English translation of vernacular
documents may be dispensed with."
2. The petitioner is a guarantor for six loans availed by his
late son Sabu Mathew. It is submitted that due to the pandemic and
other issues, the business was collapsed and the repayment was
defaulted. Thereafter, the petitioner applied for an OTS facility
before the respondent Bank and as per Ext.P4, the application was
allowed and OTS facility was granted to the petitoner. On the basis
of Ext.P4, the petitioner had paid Rs.16,25,000/- on 05.03.2024.
The second payment was to be made in the month of March as per
the OTS facility granted. On 27.03.2024, before the date for second
payment, the respondent issued Ext.P6 auction notice to the
WP(C) NO.15573 OF 2024
petitioner. On receipt of Ext.P6 auction notice, the petitioner was
confused and shocked and there was some delay in making the
payment and subsequently on 05.04.2024, an amount of
Rs.5,00,000/- was also remitted by the petitioner. All payments are
admitted by the respondent Bank. Now, the petitioner submits that
he is ready and willing to pay the amount as per Ext.P4 OTS facility
granted by the respondent Bank.
3. The learned Standing Counsel for the Bank submits that
the Bank is ready and willing to accept the balance payments as per
the OTS facility granted to the petitioner.
4. In the above circumstances and on a consideration of the
entire issue, I am of the opinion that the writ petition can be
disposed of directing the petitioner to pay the amount as per Ext.P4
OTS facility granted by the respondent Bank. The respondent shall
not take any coercive steps pursuant to Exts.P3 and P6. It is made
clear that if any instalment is defaulted by the petitioner, the
respondent is free to initiate proceedings in accordance with law.
Accordingly, the writ petition is disposed of.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
Jvt/17.04.2024
WP(C) NO.15573 OF 2024
APPENDIX OF WP(C) 15573/2024
PETITIONER EXHIBITS :-
Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 19/5/22
Exhibit P2 TRUE COPY OF THE OTS REQUEST APPLICATION DATED
21/02/24
Exhibit P3 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED
24//2/24
Exhibit P4 TRUE COPY OF THE APPROVAL LETTER DATED 1/3/24
Exhibit P5 TRUE COPY OF THE RECEIPT DATED 5/3/24 OF RTGS
TRANSFER OF MONEY
Exhibit P6 TRUE COPY OF THE AUCTION NOTICE DATED 21/3/24
Exhibit P7 TRUE COPY OF THE RECEIPT DATED 5/4/24 OF RTGS
TRANSFER OF RS.5,000,00
