Kunjumol T V vs State Bank Of India
2024 Latest Caselaw 26353 Ker

Kerala High Court

Kunjumol T V vs State Bank Of India on 3 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) NO. 30743 OF 2024

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                                              2024:KER:66840
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

 TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                   WP(C) NO. 30743 OF 2024

PETITIONER:

          KUNJUMOL T V
          AGED 63 YEARS
          WIFE OF BABAN PAUL, PROPRIETOR, M/S SANU
          INDUSTRIES, 73D (3/73D), PANAMBELIL HOUSE,
          KANDANADU, UDAYAMPEROOR P.O, ERNAKULAM DISTRICT,
          KOCHI, PIN - 682305


          BY ADVS.
          B.SAJEEV KUMAR
          THOMAS JOHN AMBOOKEN




RESPONDENTS:

    1     STATE BANK OF INDIA
          CORPORATE CENTRE, STATE BANK BHAVAN, MADAME CAMA
          ROAD, NARIMAN POINT, MUMBAI, REPRESENTED BY ITS
          CHIEF GENERAL MANAGER, PIN - 400021

    2     THE BRANCH MANAGER
          STATE BANK OF INDIA, TRIPUNITHURA BRANCH, PRASANTH
          TRADE CENTER, NORTH FORT GATE, TRIPUNITHURA,
          ERNAKULAM DISTRICT, KOCHI-682301, PIN - 682301

    3     THE AUTHORIZED OFFICER
          STATE BANK OF INDIA, STRESSED ASSETS RECOVERY
          BRANCH(SARB), 7TH FLOOR, VANKARATH TOWERS,
          PALARIVATTOM, ERNAKULAM DISTRICT, KOCHI, PIN -
          682024
 WP(C) NO. 30743 OF 2024

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                                                   2024:KER:66840
            SMT. BINDHU MOL JOSEPH


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   03.09.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 30743 OF 2024

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                                                              2024:KER:66840
                                  JUDGMENT

The present Writ Petition has been filed for the following

prayers:

"1. To declare that coercive steps being pursued by the respondents for recovery of the alleged dues without giving credit to the amounts already paid, is illegal, and arbitrary.

2. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent to grant a reasonable time till 31/12/2024 to clear the balance amount of Rs.19,50 Lakhs as per Exhibit P2 settlement.

3. Any other appropriate, Writ, order or direction as deemed fit by this Honorable Court."

2. In terms of the One Time Settlement for

Rs.39.50 lakhs, the petitioner has paid only Rs.20 lakhs and

therefore, the Bank had cancelled the One Time Settlement

offered to the petitioner.

3. The learned counsel for the petitioner submits

that the petitioner is willing to approach the Bank again to settle

the dues.

WP(C) NO. 30743 OF 2024

2024:KER:66840

4. The learned counsel for the Bank has no

objection to the petitioner's request to approach the Bank for

settlement of his dues in the Bank.

In view thereof, the present writ petition is disposed of

with liberty to the petitioner to approach the Bank again for

settlement of his dues. For a period of 15 days, no further

coercive measures should be taken against the petitioner.

Sd/-DINESH KUMAR SINGH JUDGE

lsn WP(C) NO. 30743 OF 2024

2024:KER:66840 APPENDIX OF WP(C) 30743/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 23/12/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE LETTER DATED 29/09/2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE LETTER DATED 29/05/2024 ISSUED BY THE ASSISTANT GENERAL MANGER UNDER THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P4 TRUE COPY OF THE NOTICE DATED 08/08/2024 ISSUED BY THE ADVOCATE COMMISSIONER

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN