Kerala High Court
Annie Augustine vs The Federal Bank Limited on 30 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 33441 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 33441 OF 2024
PETITIONER:
ANNIE AUGUSTINE,
AGED 75 YEARS
1829, PALLIPARAMBIL HOUSE, KALOOR P.O. KOCHI, PIN -
682017
BY ADVS.
T.SAJI
JOHN VARGHESE
RESPONDENTS:
1 THE FEDERAL BANK LIMITED,
FEDERAL CHAMBERS, PERUMBAVOOR BRANCH, REPRESENTED THE
MANAGER,PERUMBAVOOR,KERALA, PIN - 683542
2 THE ASSISTANT VICE PRESIDENT ,
(AUTHORIZED OFFICER UNDER SARFAESI ACT) ,
FEDERAL BANK LOAN COLLECTION & RECOVERY
DEPARTMENT,FEDERAL TOWERS, MARINE DRIVE,
ERNAKULAM, PIN - 682031
3 SRI. GEORGE. C.A
CHOOLACKAL HOUSE POOPPANI ROAD. PERUMBAVUR P.O PHONE:-
9447293472, PIN - 682542
4 SRI.THOMAS.K.A
ANATHANAM PANACHEPALLI P.O.(VIA) KOOVAPPALLY,
KANJIRAPPALLY KOTTAYAM DISTRICT,, PIN - 686518
5 SRI. MATHEW. V.M
AZHAKULATHIL HOUS, SOORYANELLI P.O. IDUKKI, PIN -
685618
6 SMT. DHANYA GEORGE
CHOOLAKKAL HOUSE, POOPANI ROAD,
PERUMBAVOOR ERNAKULAM, PIN - 682542
7 SRI. NIBU LUKOSE
MOZHOOR HOUSE, KOTTODIMUKKU, MANJUMMEL P.O.
UDYOGAMANDAL, ERNAKULAM, PIN - 683501
8 SRI. SATHEESHKUMAR
S.N. SADANAM, POOPANI ROAD,
WP(C) NO. 33441 OF 2024
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PERUMBAVOOR ERNAKULAM,
PIN - 683542
BY ADV P.PAULOCHAN ANTONY P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33441 OF 2024
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JUDGMENT
Dated this the 30th day of September, 2024
The present Writ Petition has been filed seeking
the following prayers:
i. Issue a writ of certiorari or other writ orders or
directions as this Hon'ble Court deem fit to call for the
records leading to the issue of Ext. P1, P2 and P4
notices, examine the same and quash the same;
ii. declare that the liability of the petitioner confines to loan
account bearing number 10035500037621 only and the
property of the petitioner is having no secured interest in
respect of loan accounts Nos. 10035500038744 and
10037600008478;
iii. Issue a writ of mandamus or other appropriate writ
orders or directions as this Hon'ble Court deem fit to the
respondents that further proceedings on Exhibit P2 and
Exhibit P4 notices shall not be taken without issuing a
fresh notice under S. 13(2) specifying the liability of the
petitioner due under loan account bearing number
10035500037621;
iv. Issue any other writ, direction or order found fit and
proper by this Honorable Court on the facts and in the
circumstances of this case.
2. The outstanding amount in respect of the loan for
which the petitioner is stood guarantor is Rs.2,16,28,023/-.
Earlier the borrower had approached the bank for One
Time Settlement of the outstanding liability in respect of
the loan for which the petitioner is stood guarantor and
the bank had granted One Time Settlement for an amount
of Rs.4 Crore. Out of Rs.4 Crore, the borrower had paid
WP(C) NO. 33441 OF 2024
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only Rs.2.35 Crore.
3. The learned counsel for the bank submits that if the
petitioner makes an upfront payment of Rs.50,00,000/- and
approaches the bank for One Time Settlement, the bank
shall consider the One Time Settlement proposal of the
petitioner.
4. Considering the said stand of the learned counsel for
the bank, the petitioner is directed to pay an amount of
Rs.50,00,000/- in respect of the loan for which the
petitioner is stood guarantor, on or before 15.10.2024 to
the bank and approaches the bank for One Time
Settlement. If the petitioner pays an amount amount of
Rs.50,00,000/- on or before 15.10.2024 and approaches the
bank, the bank shall consider the proposal for One Time
Settlement in right earnest.
5. For a period of one month, no coercive measures to
be taken against the petitioner. However, if the petitioner
fails to make payment of Rs.50,00,000/- on or before
15.10.2024 or does not approaches the bank for One Time
Settlement, the bank shall be free to proceed further
against the petitioner, in accordance with law for realizing
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its dues in respect of the loan for which the petitioner is
stood guarantor.
With the aforesaid directions, the present writ petition
stands finally disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
WP(C) NO. 33441 OF 2024
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APPENDIX OF WP(C) 33441/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE NOTICE NO. EKM
LCRD/313/PBR/LPM/4245/2022-23/444 DATED 29-
11-2022 ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit P-2 TRUE COPY OF THE NOTICE NO. EKML/LPM896/SAR-
4245/GEORGE/13(4)/2023 DATED 23-06-2023
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER ALONG WITH TYPED COPY
Exhibit P-3 TRUE COPY OF THE BANK ACCOUNT STATEMENT IN
RESPECT OF THE LOAN ACCOUNT NO.
10035500037621 DATED 05-09-2024
Exhibit P-4 TRUE COPY OF THE NOTICE DATED 21-08-2024
ISSUED BY THE ADVOCATE COMMISSIONER TO THE
PETITIONER
