Kerala High Court
T.M.Yohannan vs State Bank Of India on 19 November, 2021
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
OP (DRT) NO. 154 OF 2021
AGAINST THE ORDER IN IA 1269/2021 IN SA 232/2020 FILED FOR STAYING EXT.P9
SALE NOTICE DUE TO ABSENCE OF PRESIDING OFFICER IN THE FILE OF THE DEBT
RECOVERY TRIBUNAL, ERNAKULAM, ERNAKULAM
PETITIONER:
T.M.YOHANNAN
AGED 73 YEARS
S/O. MATHAI, T.C.NO.8/271,
ROSE VILLA, PUTHENKADA JUNCTION,
THIRUMALA P.O., THIRUVANANTHAPURAM, PIN-695 006.
BY ADVS.
GEORGIE SIMON
BASIL CHANDY VAVACHAN
RESPONDENT:
STATE BANK OF INDIA
REPRESENTED BY AUTHORISED OFFICER,
RACPC BRANCH, ZONAL OFFICE,
LMS COMPOUND, THIRUVANANTHAPURAM-695 033.
BY ADV P.GOPAL
ADV. M.JITHESH MENON, SC
THIS OP (DEBT RECOVERY TRIBUNAL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (DRT) NO. 154 OF 2021
2
BECHU KURIAN THOMAS, J
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O.P.(DRT) No.154 of 2021
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Dated this the 19 th day of November, 2021
JUDGMENT
The learned Standing Counsel, Adv.P.Gopal, submits that the sale scheduled as per Ext.P9 did not take place due to the absence of bidders.
2. By order dated 10.11.2021, this Court observed that the respondent-Bank had come forward with a proposal for settlement of the loan liability. The details of the offer was recorded as follows:-
"The respondent bank has come forward with a proposal for settlement of the loan liability of the petitioner. It is offered by the respondent bank that if the petitioner pays an amount of Rs.5,00,000/- on or before 30.11.2021 and a further sum of Rs.15,00,000/- on or before 31.12.2021 and a further sum of Rs.10,00,000/- on or before 31.01.2022, the bank is willing to close the entire liability of the petitioner. The learned counsel for the petitioner seeks time to get instructions. Post on 18.11.2021.
Interim order shall continue till then."
3. Inspite of the aforesaid offer, the petitioner has not expressed his willingness to accept the same.
4. Since I find from the pleadings and the nature of submissions made across the Bar that petitioner and OP (DRT) NO. 154 OF 2021 3 respondents would be able to arrive at a figure for settlement of the entire loan liability, I direct the petitioner to approach the respondent-Bank with a feasible proposal for settlement within a period of 15 days from today. If such proposal is submitted as directed above, the respondent-Bank shall consider the same within a period of 15 days thereafter; and intimate its decision thereon. Till such period, no further coercive proceedings shall be initiated.
The original petition is disposed of.
Sd/-
BECHU KURIAN THOMAS JUDGE AMV/19/11//2021 OP (DRT) NO. 154 OF 2021 4 APPENDIX OF OP (DRT) 154/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION NOTICE U/S 13(4) OF SARFAESI ACT, 2002 DATED 10.3.2020. Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY PETITIONER'S COUNSEL DATED 4.8.2020.
Exhibit P3 TRUE COPY OF THE REPLY NOTICE ISSUED BY THE DEFENDANT BANK (SBI) 18.8.2020. Exhibit P4 SCREE SHORT OF MESSAGE SENT THROUGH WHATSAPP BY MANAGER TO PETITIONER NO.2 DATED 4.3.2020. Exhibit P5 TRUE COPY OF LOAN STATEMENT ACCOUNT NO.67115174618 DATED 3.7.2010 TO 29.2.2020. Exhibit P6 TRUE OF THE LOAN STATEMENT OF TRANSACTIONS FOR ACCOUNT NO.67153914671 DATED BETWEEN PERIOD FROM 20.7.2011 TO 29.2.2020.
Exhibit P7 TRUE COPY OF MEDICAL SUMMARY OF IST PETITIONER'S WIFE DATED 11.7.2014. Exhibit P8 TRUE COPY OF THE CERTIFIED COPY OF IN REGARD TO PROCEEDINGS AND DIRECTION ISSUED BY THE REGISTRAR, DEBT RECOVERY TRIBUNAL, ERNAKULAM DATED 9.12.2020.
Exhibit P9 TRUE COPY OF SALE NOTICE FOR SALE OF IMMOVABLE PROPERTIES IN REGARD TO SECURED ASSETS DATED 2.9.2021.
Exhibit P10 TRUE COPY OF IA 1269/2021 IN STAY PETITION FILED AT DRT II DATED 20.9.2021.
Exhibit P11 TRUE COPY OF THE BANK PAYMENT RECEIPT OF RS.5,00,000/- TO THE SARB PARKING ACCOUNT AS PER THE DIRECTION OF THIS HONOURABLE COURT DATED 29/10/2021 RESPONDENTS EXHIBITS : NIL TRUE COPY