Anwar A.A vs The Federal Bank Ltd
2024 Latest Caselaw 26765 Ker

Kerala High Court

Anwar A.A vs The Federal Bank Ltd on 5 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                       2024:KER:67442



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

    THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                        WP(C) NO. 30711 OF 2024

PETITIONER/S:

          ANWAR A.A,
          AGED 50 YEARS
          S/O ABDULLAH HAJI, ATTUPARAMBATH HOUSE,
          KOORKANCHERYPO,NEDUPUZHA,THRISSUR DISTRICT, PIN -
          680007


          BY ADVS.
          P.T.SHEEJISH
          M.VISHNUPRIYA
          STALIN PETER DAVIS




RESPONDENT/S:

    1     THE FEDERAL BANK LTD,
          KOLAZHYBRANCH, REPRESENTED BY ITS BRANCH
          MANAGER,KOLAZHY,THRISSUR DISTRICT, KERALA, PIN - 680581

    2     AUTHORIZED OFFICER,
          THE FEDERAL BANK LTD, KOLAZHYBRANCH,KOLAZHY, THRISSUR
          DISTRICT, KERALA, PIN - 680581


          BY ADV P.PAULOCHAN ANTONY P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                         2024:KER:67442
WP(C) NO. 30711 OF 2024

                                          2
                                    JUDGMENT

The present writ petition has been filed with the following

prayers:-

"i. To issue a writ of mandamus or order or direction to the respondents to keep the coercive proceedings pursuant to Exhibit P1, against the petitioner in abeyance and permit the petitioner to pay the overdue amount in the 'One Time Settlement' scheme, or in 30 monthly installments without hampering the family life of the petitioner.

ii.To issue a writ of mandamus or order or direction to the 1st respondent to provide a proper loan account statement. Iii. To dispense with the filing of translation of the vernacular documents.

iv Such other relief's as this Hon'ble Court deems fit to grant in the nature of this case."

2.The learned counsel for the Bank submits that, if the

petitioner is willing to make a substantial payment upfront, the Bank

shall consider the petitioner's request for One Time Settlement /

regularization.

3.The learned counsel for the petitioner submits that, the

petitioner willing to pay an upfront amount of Rupees Fifteen Lakhs on

or before 05.10.2024 and shall approach the Bank for OTS /

regularization of the loan account.

4.Considering the aforesaid stand of the parties, the present

writ petition is disposed of, with a direction to the petitioner to pay an

amount of Rupees Fifteen Lakhs on or before 05.10.2024 and approach

the Bank for OTS / regularization of the loan account. If the petitioner

pays Rupees Fifteen Lakhs as directed above and approaching the Bank, 2024:KER:67442 WP(C) NO. 30711 OF 2024

the Bank shall make an endeavor to settle the outstanding dues with the

petitioner. For a period of one and half months, no further coercive

measure to be taken against the petitioner.

With the aforesaid directions, the present writ petition is

disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE SJ 2024:KER:67442 WP(C) NO. 30711 OF 2024

APPENDIX OF WP(C) 30711/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF NOTICE DATED 22/08/2024 ISSUED BY THE RESPONDENT BANK