Kerala High Court
Allwin Jose vs Authorised Officer on 17 October, 2025
2025:KER:77456
WP(C) NO. 35667 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
WP(C) NO. 35667 OF 2025
PETITIONER/S:
ALLWIN JOSE, AGED 36 YEARS
S/O JOSE, THODUVAYIL, THOTTOOR, KAIPATTOOR P.O.,
ERNAKULAM., PIN - 682313
BY ADVS.
SRI.S.M.PREM
SRI.G INDUCHUDAN
SHRI.MUHAMMED NAHAS T.
SMT.AMALOO RAMACHANDRAN
SMT.ASHITHA C.J.
RESPONDENT/S:
1 AUTHORISED OFFICER
UNDER SARFAESI ACT, PEOPLE'S URBAN COOPERATIVE BANK
LTD. NO. 51, TRIPUNITHURA, ERNAKULAM., PIN - 682301
2 PEOPLE'S URBAN COOPERATIVE BANK LTD. NO. 51
REPRESENTED BY ITS SECRETARY, TRIPUNITHURA,
ERNAKULAM., PIN - 682301
BY ADVS.
SRI.DEVAPRASANTH.P.J.
SMT.SMINI JOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 35667 OF 2025 2
JUDGMENT
Petitioner availed credit facilities from the respondent
bank. On default being committed, proceedings were initiated
against the petitioner under the provisions of the SARFAESI
Act. The petitioner along with two others had earlier
approached this Court by filing W.P.(C) No.8224 of 2025, which
was disposed of on 03.03.2025, permitting the petitioner to
approach the bank for One Time Settlement. The directions
issued in W.P.(C) No.8224 of 2025 were as follows:-
''3.Having heard the learned counsel appearing for the
petitioners and the learned counsel appearing for the respondent
bank and considering the submissions made as above, this writ
petition will stand disposed of, directing that if the petitioners make
an application for OTS together with a payment of a sum of
Rs.3,00,000/- (Rupees Three Lakhs) towards the loan liability within
a period of two weeks from today (03-03-2025), the competent
authority of the respondent bank shall take a decision on the
application for OTS . If OTS is granted to the petitioners, the
petitioners will duly and faithfully comply with the terms of OTS. If
the petitioners are unable to settle the liability under the OTS (if
any offered to them), it will be open to the petitioners to seek the
repayment of the outstanding amount, referred to above, in some
installments. If the petitioners pay the sum of Rs.3,00,000/- within a
period of two weeks as directed above, further proceedings under
the SARFAESI Act shall stand deferred until a decision is taken on
the application to be submitted by the petitioners for OTS as
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directed above.
2. It appears that the petitioner did not approach the
bank for One Time Settlement and has filed the present writ
petition, without disclosing the filing of the earlier writ petition.
3. Learned counsel appearing for the petitioner submits
that, this Court, while disposing of W.P.(C) No.8224 of 2025,
had granted to the petitioner a liberty of seeking the repayment
in instalments and that is why the present writ petition has
been filed.
4. Learned counsel appearing for the respondent bank
submits that an amount of Rs.1 lakh, which was kept in a
suspense account, has also been adjusted by the bank against
the loan liability. It is submitted that, the petitioner has also
paid a sum of Rs.2.10 lakhs, after the interim order of this
Court. Learned counsel appearing for the respondent bank
submits that the present outstanding amount due from the
petitioner is Rs.25,11,248/- (as on 17.10.2025), after giving
credit to Rs.2.10 lakhs paid after the interim order of this Court
and after adjusting the amount of Rs.1 lakh, which was lying in
the suspense account. It is submitted that, the petitioner has
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no justification for not disclosing the filing of the earlier writ
petition. It is submitted that, the property of the petitioner is
now a Non-Banking Asset of the respondent bank.
5. Learned counsel appearing for the petitioner submits
that the petitioner may be permitted to approach the bank with
a proposal for settling the liability and if the liability is settled,
the bank may be directed to re-convey the property to the
petitioner.
6. Having heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the
respondent bank, I am of the view that the petitioner has no
justification for filing the present writ petition without
disclosing the filing of the earlier writ petition. However,
without standing on technicalities, this writ petition will stand
disposed of, directing that if the petitioner makes a proposal to
the respondent bank for settling the liabilities, the same shall
be considered by the Competent Authority of the respondent
bank provided such proposal is submitted within a period of ten
days from today. If the petitioner settles the liabilities as
permitted by the respondent bank, the property of the
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petitioner, which is now a Non-Banking Asset of the respondent
bank, shall be re-conveyed to the petitioner at the cost of the
petitioner. If the petitioner does not make any proposal to
settle the liability as directed above, it will be open to the
respondent bank to continue/conclude the proceedings
initiated against the petitioner.
Writ petition is disposed of accordingly.
Sd/-
GOPINATH P.
JUDGE
ajt
2025:KER:77456
APPENDIX OF WP(C) 35667/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 29-08-2025
ISSUED BY THE 1ST RESPONDENT FOR SALE OF THE
PROPERTY OF 8.100 ARES COMPRISED IN BLOCK NO.
27, RESURVEY NO. 350/17 OF KAIPATTOOR
VILLAGE.
Exhibit P2 TRUE COPY OF THE SALE DEED NO. 899/1990 DATED
16-04-1990 REGISTERED IN SRO MULANTHURUTHY.
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT NO.
KL07020801195/2025 DATED 05-05-2025 ISSUED
FROM KAIPATTOOR VILLAGE OFFICE ON PAYMENT OF
TAX FOR THE PERIOD 2025-2026 UNDER THANDAPER
NO. 1023 OF THE PETITIONER'S PARENTS.
Exhibit P4 TRUE COPY OF THE BUILDING TAX RECEIPT NO.
1240102373/G070904 DATED 28-01-2025 ISSUED
FROM THE OFFICE OF EDAKKATTUVAYAL GRAMA
PANCHAYAT ON PAYMENT OF TAX FOR THE YEAR
2024-2025 IN RESPECT OF THE RESIDENTIAL
BUILDING OF THE PETITIONER'S PARENTS WITHIN
THE MORTGAGED PROPERTY.
