Muhammed Nowfal vs State Bank Of India
2024 Latest Caselaw 6084 Ker

Kerala High Court

Muhammed Nowfal vs State Bank Of India on 23 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 23RD DAY OF FEBRUARY 2024/4TH PHALGUNA, 1945
                 WP(C) NO. 6585 OF 2024
PETITIONERS:

    1    MUHAMMED NOWFAL,
         AGED 63 YEARS,
         S/O AHMMEDKUTTY,
         PROPRIETOR M/S ISMAIL ENTERPRISES,
         KILILOLLOR (PO),
         KOLLAM, PIN - 695033
    2    NAJUMA NOWFAL,
         AGED 55 YEARS,
         W/O MUHAMMED NOWFAL,
         BISMI, ISLAND NAGAR,
         ULIYAKKOVIL (PO),
         KOLLAM, PIN - 691004

         BY ADV M.VIVEK


RESPONDENT:

         STATE BANK OF INDIA,
         COMMERCIAL BRANCH,
         KOLLAM REPRESENTED BY THE AUTHORISED OFFICER,
         THE CHIEF MANAGER,
         SARB, LMS COMPUND,
         OPPOSITE WEST GATE OF MUSEUM,
         VIKAS BHAVAN (P.O),
         THIRUVANANTHAPURAM, PIN - 695033

         BY ADV TOM K.THOMAS

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 23.02.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.6585/2024
                                 :2:




                          JUDGMENT

Dated this the 23rd day of February, 2024

The 1st petitioner, who is borrower of a financial

advance from the respondent-Bank and the 2 nd petitioner

who is a Guarantor, have approached this Court seeking

the following reliefs:

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent to refrain from taking physical possession of the secured asset more detailed in Ext.P1 till the time the petitioners approach the Debts Recovery Tribunal or the Debts Recovery Appellate Tribunal and move for orders from the Tribunal, in the interest of justice.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent to stall all further proceedings and coercive actions in the interest of justice.

(iii) Pass an order dispensing with the translation of the documents produced along with the writ petition in vernacular language.

(iv) To pass any such or further orders as the petitioners may seeks and this Hon'ble Court deem fit to grant."

2. It is submitted by parties on either side that

during the pendency of this writ petition a revised proposal

for One Time Settlement was made by the petitioners and

the Bank has forwarded the proposal for One Time

Settlement to the appropriate higher authority. As the Bank

is considering the One Time Settlement proposal, no further

orders are required in this writ petition at this stage.

The writ petition is therefore disposed of

recording the afore statements, with liberty to the petitioner

to approach this Court again, if situation so warrants.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 6585/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE NOTICE DATED 12-01- 2024 ISSUED BY ADV. SREELEKSHMY.M.S Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 15-01-2024 IN W.P.(C).NO: 1672 OF 2024 Exhibit P3 TRUE COPY OF THE LETTER DATED 23-01- 2024 CAUSED BY THE RESPONDENT HEREIN