Kerala High Court
Devasia Joseph vs State Bank Of India on 6 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 1575 OF 2024
PETITIONERS:
1 DEVASIA JOSEPH
AGED 66 YEARS, S/O JOSEPH,
PADIJAREPPARAMBIL, SAHTHAPURAM P.O,
KALARCODE, ALAPPUZHA, PIN - 688003.
2 KUNJUNOL DEVASIA
AGED 63 YEARS, W/O DEVASIA JOSEPH,
PADIJAREPPARAMBIL, SAHTHAPURAM P.O,
KALARCODE, ALAPPUZHA, PIN - 688003.
BY ADVS.
K.M.ANEESH
K.SANTHOSH KUMAR (KALIYANAM)
DILEEP CHANDRAN
SHASHANK DEVAN
RESPONDENTS:
1 STATE BANK OF INDIA
SME ALAPPUZHA BRANCH,
REPRESENTED BY ITS CHIEF MANAGER,
STATE BANK OF INDIA, SARB,
THIRUVANANTHAPURAM, PIN - 695014.
2 THE AUTHORISED OFFICER
STATE BANK OF INDIA, SARB, LMS COMPOUND,
OPPOSITE MUSEUM WEST GATE, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695033.
BY ADV JAWAHAR JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.1575 of 2024
:2:
JUDGMENT
Dated this the 6th day of June, 2024
The petitioners, who have availed loans from the
respondent-Bank, have approached this Court seeking the
following reliefs:-
''i) Issue a wit of mandamus or any other appropriate
writ, order or direction, directing the respondents to
consider and Ext.P7 representation and to grant One Time
Settlement to the petitioners
ii) To grant such other reliefs as may be prayed for in
the circumstances of the case.
iii) Disperse with production of English translation of
Malayalam documents.''
2. Ext.P7 is an application for One Time Settlement.
The petitioner seeks to declare that the petitioner is entitled to
One Time Settlement facility and seeks to direct the
respondents to consider the One Time Settlement application.
3. Standing Counsel entered appearance on behalf of
the Bank and resisted the writ petition. The Standing Counsel,
on instructions, submitted that Ext.P7 application for One
Time Settlement has been considered by the Bank and stands
rejected. In view of the rejection, the writ petition has become
infructuous.
In view of the fact that the petitioners' request for One
Time Settlement stands already rejected, the writ petition has
become infructuous. The writ petition is therefore dismissed.
However, it is made clear that the petitioner will be at liberty to
approach the Bank for any compromise / arrangement with
the Bank.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 1575/2024
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE LETTER DATED
30.07.2013 ISSUED BY THE NABARD TO THE
LST RESPONDENT
Exhibit P2 THE TRUE COPY OF THE ORDER DATED
21/04/2022 IN THE SAID S.A NO.173/2022
OF THE LEANED DEBTS RECOVERY TRIBUNAL
-2 ERNAKULAM
Exhibit P3 THE TRUE COPY OF THE LETTER DATED
16/05/2022 ISSUED BY THE PRINCIPAL
SECRETARY, DEPARTMENT OF INDUSTRIES,
GOVERNMENT OF KERALA TO THE CONVENER,
LLBC KERALA & GENERAL MANGER, CANARA
BANK
Exhibit P4 THE TRUE COPY OF THE MINUTES OF
MEETING DATED 08/11/2022 HELD UNDER
THE CHAIRMANSHIP OF THE PRINCIPAL
SECRETARY, DEPARTMENT OF INDUSTRIES,
GOVERNMENT OF KERALA
Exhibit P5 THE TRUE COPY OF THE LETTER DATED
26/11/2022 ISSUED BY THE PRINCIPAL
SECRETARY, DEPARTMENT OF INDUSTRIES,
GOVERNMENT OF KERALA TO THE RESPONDENT
BANK
Exhibit P6 THE TRUE COPY OF THE LETTER DATED
23/02/2023 ISSUED BY THE PRINCIPAL
SECRETARY, DEPARTMENT OF INDUSTRIES,
GOVERNMENT OF KERALA TO THE RESPONDENT
BANK
Exhibit P7 THE TRUE COPY OF REPRESENTATION DATED
01/12/2023 MADE BY THE PETITIONERS TO
THE RESPONDENT BANK
Exhibit P8 THE TRUE COPY OF SALE NOTICE DATED
03/01/2024.
Exhibit P9 TRUE COPY OF THE ACCOUNT STATEMENT
ISSUED BY THE RERSPONDENTS
RESPONDENT EXHIBITS
Exhibit-R(1)(a) TRUE COPY OF THE COMMUNICATION DATED
8-12-2023 SUBMITTED TO THE PETITIONER
BY THE RESPONDENT BANK.
Exhibit-R(1)(b) TRUE COPY OF THE COMMUNICATION DATED
31-1-2024 SUBMITTED TO THE PETITIONER
BY THE RESPONDENT BANK.
