Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944 WP(C) NO. 3815 OF 2022 PETITIONER:
HAMSA N.A., AGED 69 YEARS S/O. ASSAINAR, NIRAVATH HOUSE, EDAPPALLY S.O, EDAPPALLY, ERNAKULAM – 682 024.
BY ADVS.
ZAKEER HUSSAIN K.A.SANJEETHA RESPONDENT:
AUTHORISED OFFICER, UNION BANK OF INDIA, REGIONAL OFFICE, ERNAKULAM RURAL, NEAR KSRTC BUS STATION, GOVT. HOSPITAL ROAD, ALUVA, ERNAKULAM DISTRICT – 683 101.
ADV. A.S.P.KURUP, SC, UBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3815 OF 2022 2 JUDGMENT The petitioner availed three separate loans from the respondent Bank. On default being committed by the petitioner, proceedings were initiated against the petitioner under the provisions of the SARFAESI Act.
2.
The learned counsel appearing for the petitioner states that the petitioner has already remitted a sum of Rs.50,00,000/- towards the liability on 10.06.2022. It is submitted that a further amount of Rs.37,16,698/- was also received by the Bank out of compensation payable to the petitioner for acquisition of land. It is submitted that the petitioner has now submitted Ext.P6 proposal for One Time settlement, which may be directed to be considered by a competent authority of the respondent Bank.
3.
The learned counsel appearing for the respondent Bank states that as on date, the liability is Rs.6,02,96,722/-.
It is submitted that notwithstanding the above, the respondent Bank will have no objection in considering the proposal for One Time Settlement submitted by the
WP(C) NO. 3815 OF 2022 3 petitioner. It is submitted that a decision can be taken on the said proposal within a period of two weeks from today.
4.
Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent Bank, this writ petition will stand disposed of directing that a competent authority of the respondent Bank shall take a decision on Ext.P6 proposal submitted by the petitioner for One Time Settlement and communicate a decision thereon to the petitioner within a period of two weeks from today. Till such time as a decision is taken and communicated to the petitioner, further proceedings against the petitioner under the provisions of the SARFAESI Act shall be kept in abeyance. It will be open to the Bank to take a decision on Ext.P6, in accordance with its policy. I have not expressed any opinion on the petitioner's entitlement to refund.
The writ petition will stand disposed of as above.
Sd/- GOPINATH P.
JUDGE DK
WP(C) NO. 3815 OF 2022 4 APPENDIX OF WP(C) 3815/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE DATED 27.01.2021 ISSUED BY THE CORPORATION OF KOCHI.
Exhibit P2 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 11.06.2019 ISSUED BY THE STATE TAX DEPARTMENT, Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED 03.09.2021 ISSUED BY THE RESPONDENT.
Exhibit P4 TRUE COPY OF THE OBJECTION/REPRESENTATION DATED 2.11.20221 SUBMITTED BY THE PETITIONER.
Exhibit P5 TRUE COPY OF THE POSSESSION NOTICE DATED 01.02.2022 ISSUED BY THE RESPONDENT.
Exhibit P6 TRUE COPY OF THE PROPOSAL FOR OTS DATED 25/07/2022 SUBMITTED BY THE PETITIONER.
Exhibit P7 TRUE COPY OF THE SALE NOTICE DATED 29/09/2022 ISSUED BY THE RESPONDENT SAYS THAT THE RESPONDENT WILL SELL THE MORTGAGED PROPERTIES ON 20/10/2022 AT 11AM TO 5 PM BY INVITING BIDS FROM THE PUBLIC THROUGH ONLINE MODE.