Kerala High Court
R. Jayakumar vs Authorised Officer, Federal Bank Ltd on 17 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 36496 OF 2024
1
2024:KER:77144
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 36496 OF 2024
PETITIONERS:
1 R. JAYAKUMAR
AGED 42 YEARS
S/O RAMACHANDRAN PILLAI,R/AT NOTR48/902, MACHATH HOUSE,
MATTATHUMKATTIL LANE, NARAYANAN ASAN ROAD, PONNRUNNI,
VYTILLA, ERNAKULAM, PIN - 682019
2 NEETHU MADDUKUMAR
AGED 37 YEARS
W/O JAYAKUMAR, R/AT MACHATH HOUSE, MATTATHUMKATTIL LANE,
NARAYANAN ASAN ROAD, PONNURUNNI, VYTILLA, ERNAKULAM, PIN -
682019
BY ADVS.
T.S.MAYA (THIYADIL)
K.A.SUNITHA
RESPONDENT:
AUTHORISED OFFICER, FEDERAL BANK LTD
LCRD/ ERNAKULAM DIVISION, GROUND FLOOR, FEDERAL TOWERS,
MARINE DRIVE, COCHIN, PIN - 682031
SRI. PAULOCHAN ANTONY-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 36496 OF 2024
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JUDGMENT
Dated this the 17th day of October, 2024
This is the 2nd writ petition filed by the petitioners. The
1st writ petition being W.P.(C.) No.6880/2024 was disposed
of by this Court in the following terms:
i. The petitioners shall remit 5 lakhs on ₹ or before
27.03.2024 and the balance overdue amount of Vehicle
Loan and Term 2024:KER:18862 WP(C) No.6880 of 2024
6 Loan in 10 consecutive and equal monthly instalments
thereafter along with accruing interest and other Bank
charges, if any.
ii. If the petitioners commit single default in making
payments as directed above, the respondent will be at
liberty to continue with the coercive proceedings against
the petitioners in accordance with law
iii. The petitioners shall also pay current EMIs along with
the aforesaid payments.
iv. If the petitioners make payments as directed above,
coercive proceedings, if any, against the petitioners shall
stand deferred.
2. It appears that the petitioners have not complied with
the said directions issued by this Court and therefore, the
bank has further proceeded under the provisions of the
SARFAESI Act and Rules made thereunder to realize its
WP(C) NO. 36496 OF 2024
2024:KER:77144
outstanding dues.
3. Now, the petitioners have come before this Court
seeking direction from this Court to the bank to consider the
petitioners' Ext.P6 application for One Time Settlement.
4. If the petitioners make payment of Rs.50,00,000/-
within a period of 15 days from today, the bank, may
consider Ext.P6 application of the petitioners for One Time
Settlement, in right earnest. If the petitioners fail to make
payment of Rs.50,00,000/- within a period of 15 days from
today, the bank shall not consider the application for One
Time Settlement submitted by the petitioners and proceed
further to realize its outstanding dues.
With the aforesaid observation, the present writ petition
stands finally disposed of.
Sd/-
D. K. SINGH
JUDGE
AP
WP(C) NO. 36496 OF 2024
2024:KER:77144
APPENDIX OF WP(C) 36496/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGEMENT DATED 4-3-2024
Exhibit P2 TRUE COPY OF THE OD LOAN CLOSED ORDER OF FEDERAL
BANK DATED 8-10-2024
Exhibit P3 TRUE COPY OF THE FEDERAL BANK A/C 10017400034379
STATEMENT OF THE PETITIONER FROM 1-8-2024 TO 8-
10-2024
Exhibit P4 TRUE COPY OF THE LETTER DATED 17-9-2024 GIVEN BY
THE PETITIONER TO THE RESPONDENT WITH ITS ENGLISH
TRANSLATION
Exhibit P 5 TRUE COPY OF THE SALE AGREEMENT DATED 16-8-2024
PRODUCED BY THE FIRST PETITIONER BEFORE THE
RESPONDENT BANK WITH ITS ENGLISH TRANSLATION
Exhibit P6 TRUE COPY OF THE APPLICATION DATED 10-10-2024
WITH ITS ENGLISH TRANSLATION
