Kerala High Court
Murugan M.R vs The Manager on 1 August, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WP(C) NO. 27496 OF 2024
PETITIONER:
MURUGAN M.R.,
AGED 53 YEARS
S/O. RAGHAVAN PILLAI, RESIDING AT MEEMPATTU VEEDU,
KADAVATTOOR P.O., ODANAVATTOM VILLAGE, KOTTARAKKARA
TALUK, KOLLAM DISTRICT, PIN - 691 531
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
MUHAMMED SWADIQ
RESPONDENTS:
1 THE MANAGER,
STATE BANK OF INDIA, DK BUILDING, PALLIMUKKU,
ODANAVATTOM P.O., VELIYAM KOLLAM DISTRICT,
PIN - 691 512
2 AUTHORIZED OFFICER,
UNDER SARFAESI ACT, STATE BANK OF INDIA, SARB, FIRST
FLOOR, LMS COMPOUND, OPPOSITE MUSEUM, WEST GATE, VIKAS
BHAVAN, THIRUVANANTHAPURAM DISTRICT,
PIN - 691 508
OTHER PRESENT:
SMT.S. LAKHMY-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.27496 OF 2024
2
DINESH KUMAR SINGH, J.
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W.P.(C) No.27496 of 2024
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Dated this the 1st day of August 2024
JUDGMENT
The present writ petition has been filed with following
prayers.
i. "To issue a writ of Certiorari or any other appropriate
Writ, Order calling for the records leading to Ext.P3 and
quash the same holding that the same was issued
without following the procedures prescribed and hence
illegal and unauthorized.
ii. To issue a writ of mandamus directing the
respondents 1 and 2 to permit the petitioner to
discharge the dues as per RINN SAMADHAN 2023-2024
Scheme for a total amount of Rs 8,13,533/-(Rupees
Eight Lakhs Thirteen Thousand Five Hundred and Thirty
Three Only) with such conditions as this Hon'ble Court
deems fit and proper in the facts and circumstances of
the case."
2. It appears that petitioner and Bank arrived at one time
settlement as in Ext.P2. The petitioner has paid only Rs.82,000/-
and thereafter, he has not paid the amount as per the one time
WP(C) NO.27496 OF 2024
settlement in Ext.P2.
3. The learned counsel for the petitioner submits that the
petitioner will pay the entire amount as per the one time
settlement after deducting Rs.82,000/- along with interest within a
period of one month from today.
4. As per the terms of the loan agreement, if the petitioner
pays the balance amount of Rs.7,31,533/- along with the
applicable interest on or before 01.09.2024, the Bank shall not
proceed against the petitioner and will close the loan account.
However, if the petitioner fails to make the payment as directed
above, the Bank shall free to proceed against the petitioner in
accordance with the law .
4. With the aforesaid direction, and liberty, this writ
petition is closed. It is made clear that no writ petition shall be
entertained in respect of the same relief henceforth by this Court.
However, the learned counsel for the Bank has objected the said
prayer, but considering the fact that the petitioner and Bank had
arrived at one time settlement and the petitioner has paid
Rs.82,000/- as per the one time settlement, for some reason to
comply with the scheme this Court finds it in equity to direct the
petitioner to pay the entire amount within a period of one month
WP(C) NO.27496 OF 2024
with interest from the date, the amount was due for payment.
Sd/-
DINESH KUMAR SINGH
JUDGE
SSG
WP(C) NO.27496 OF 2024
APPENDIX OF WP(C) 27496/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER BY THE ADVOCATE COMMISSIONER
DATED 17.09.2019
Exhibit P2 THE TRUE COPY OF THE COMMUNICATION ISSUED
TO THE PETITIONER BY THE 2ND RESPONDENT
DATED 06.07.2024
Exhibit P3 THE TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER BY THE ADVOCATE COMMISSIONER
DATED NIL
