Sabira vs Idbi Bank Ltd
2024 Latest Caselaw 12915 Ker

Kerala High Court

Sabira vs Idbi Bank Ltd on 22 May, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                    RP NO. 396 OF 2024
 AGAINST THE JUDGMENT DATED 07.03.2024 IN WP(C) NO.7820
             OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER:

         SABIRA
         AGED 53 YEARS
         W/O USMAN, CHALIKATTIL HOUSE,
         AVILORA, KIZHAKKATH, KOZHIKODE.
         PIN - 673572

         BY ADVS.
         MUHAMMED SAFEER A.
         MOHAMMED RAZALI K.A
         RESHMI U.N.
         KURIAN MAXIE
         RAHUL S.


RESPONDENT:

         IDBI BANK LTD
         REPRESENTED BY ITS BRANCH MANAGER,
         KALPATTA BRANCH, GROUND FLOOR
         KALPATTA BYPASS JUNCTION,
         WAYAND, PIN - 673121

         BY ADVS.
         P.PAULOCHAN ANTONY
         SREEJITH K.(K/380/2005)

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 RP No.396/2024
                                       :2:




                           N. NAGARESH, J.

          `````````````````````````````````````````````````````````````
                        R.P. No.396 of 2024
                                 in
                       W.P.(C) No.7820 of 2024

          `````````````````````````````````````````````````````````````
                Dated this the 22nd day of May, 2024


                                 ORDER

~~~~~~

The writ petitioner in W.P.(C) No.7820/2024 has

filed this review petition.

2. The petitioner had availed an overdraft facility from

the Bank in the year 2016. When the petitioner defaulted in

maintaining the overdraft account, the Bank initiated

proceedings under the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act,

2002. The petitioner thereupon filed W.P.(C) No.7820/2024.

3. The petitioner had sought for One Time

Settlement. The writ petition was therefore disposed of

directing that if the petitioner deposits an amount of ₹35

lakhs on or before 27.03.2024 and makes a proposal for One

Time Settlement, the respondent shall consider the same

and take appropriate decision.

4. During the course of hearing of the review petition,

the respondent submitted that this Court had directed to pay

₹35 lakhs as upfront payment for making a OTS proposal on

the basis of a wrongful submission on behalf of the Bank that

the petitioner's liability is ₹1.35 Crores. In fact, the

outstanding liability as on 26.03.2024 is only ₹36,76,976/-.

5. This Court therefore passed an interim order in the

review petition on 27.03.2024 directing that if the petitioner

remits an amount of ₹7 lakhs on or before 30.03.2024 and a

further amount of ₹3 lakhs on or before 15.04.2024 and

makes a proposal for One Time Settlement, the respondent

shall consider the same in accordance with law.

6. In the afore facts of the case, the review petition is

disposed of substituting paragraph 3 of the judgment dated

07.03.2024 in W.P.(C) No.7820/2024 as follows:

"In the afore circumstances, the writ

petition is disposed of directing that if the

petitioner remits an amount of ₹7 lakhs on or

before 30.03.2024 and a further amount of

₹3 lakhs on or before 15.04.2024 and makes

a proposal for One Time Settlement, the

respondents shall consider the same in

accordance with law."

Sd/-

N. NAGARESH, JUDGE aks/30.05.2024