Lillykutty Johnson vs The Authorised Officer
2024 Latest Caselaw 4539 Ker

Citation : 2024 Latest Caselaw 4539 Ker
Judgement Date : 6 February, 2024

Kerala High Court

Lillykutty Johnson vs The Authorised Officer on 6 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                  WP(C) NO. 20346 OF 2022
PETITIONERS:

    1    LILLYKUTTY JOHNSON,
         AGED 60 YEARS
         W/O. LATE JOHNSON ABRAHAM,
         CHEKKATTU HOUSE, VALAKUZHY P.O.,
         VENNIKULAM, PATHANAMTHITTA - 689 544
    2    JALIN JOHNSON,
         AGED 34 YRS, D/O. LATE JOHNSON ABRAHAM,
         CHEKKATTU HOUSE, VALAKUZHY P.O., VENNIKULAM,
         PATHANAMTHITTA-689 544
         REP. BY HER POWER OF ATTORNEY HOLDER JEFFY ELSA
         JOHNSON, CHEKKATTU HOUSE, VALAKUZHY P.O.,
         VENNIKULAM, PATHANAMTHITTA-689 544
    3    JEFFY ELSA JOHNSON,
         AGED 25 YRS, D/O. LATE JOHNSON ABRAHAM
         CHEKKATTU HOUSE, VALAKUZHY P.O., VENNIKULAM,
         PATHANAMTHITTA-689 544
    4    JEEVA ELSA JOHNSON,
         AGED 23 YRS, D/O. LATE JOHNSON ABRAHAM,
         CHEKKATTU HOUSE, VALAKUZHY P.O., VENNIKULAM,
         PATHANAMTHITTA-689 544

         BY ADVS.
         SAIBY JOSE KIDANGOOR
         BENNY ANTONY PAREL
         P.M.MOHAMMED SALIH
         ANOOP SEBASTIAN
         PRAMITHA AUGUSTINE
         IRINE MATHEW
         ADITHYA KIRAN V.E
         ANJALI NAIR
 WP(C) No.20346 of 2022
                           2




RESPONDENTS:

    1    THE AUTHORISED OFFICER,
         THE SOUTH INDIAN BANK LIMITED,
         HAVING ITS REGISTERED OFFICE AT SIB HOUSE,
         T.B. ROAD, THRISSUR - 689 107
    2    THE BRANCH MANAGER,
         THE SOUTH INDIAN BANK LIMITED,
         VENNIKULAM BRANCH, VI/274,
         KOODATHINGAL BUILDING, KOZHENCHERRY,
         MALLAPPALLY ROAD, VENNIKULAM,
         PATHANAMTHITTA DISTRICT, KERALA-689 544.

         BY ADVS.
         SUNIL SHANKER
         SANDHRA.S


     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 WP(C) No.20346 of 2022
                              3




                         JUDGMENT

Dated this the 6th day of February, 2024

It is submitted by counsel on either side that the One

Time Settlement proposal noted by the petitioners, has been

accepted and a letter has been issued on 06.02.2024 giving

terms of repayment.

2. The petitioners submit that in terms of the

settlement, the petitioners have already paid ₹20 lakhs.

In view of the One Time Settlement, no orders are

necessary in the writ petition. The writ petition is therefore

disposed of recording the afore submissions.

Sd/-

N.NAGARESH JUDGE spk

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER DATED 14.09.2021 SANCTIONING THE FITL FACILITY Exhibit P2 TRUE COPY OF THE NOTICE NO. REF NO:

ROTVLA/LEG/SAR/DT/185/21-22 ISSUED BY THE RESPONDENT BANK DATED 12.07.2021 Exhibit P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 09.08.2021 Exhibit P4 TRUE COPY OF THE REPLY GIVEN BY THE RESPONDENTS TO THE OBJECTION FILED BY THE PETITIONERS DATED 26.08.2021 Exhibit P5 TRUE COPY OF THE NOTICE DATED 12.10.2021 ISSUED BY THE RESPONDENT Exhibit P6 TRUE COPY OF THE NOTICE DATED 04.01.2022 ISSUED BY THE RESPONDENT Exhibit P7 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 23.11.2023 Exhibit P8 TRUE COPY OF THE PAYMENT RECEIPT DATED 31/01/2024 ISSUED BY THE SOUTH INDIAN BANK LIMITED Exhibit P9 TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 31/01/2024 ISSUED BY THE SOUTH INDIAN BANK Exhibit P10 TRUE COPY OF THE APPLICATION LETTER DATED 17/01/2024 SUBMITTED BY THE PETITIONER BEFORE THE NATIONAL HEAD OF THE RESPONDENT BANK