Benley Noronha vs The Authorised Officer on 22 October, 2019

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Kerala High Court

Benley Noronha vs The Authorised Officer on 22 October, 2019

Bench: S.V.Bhatti

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                     THE HONOURABLE MR.JUSTICE S.V.BHATTI

   WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941

                           WP(C).No.27250 OF 2019(E)


PETITIONER/S:

      1         BENLEY NORONHA,
                AGED 53 YEARS
                S/O. LATE BRUNO NORONHA, GRACE ENCLAVE, NEAR PETROL
                PUMP, CHITTOOR ROAD, VADUTHALA, ERNAKULAM - 682 023

      2         ANN SHARMINE NORONHA
                AGED 49 YEARS
                W/O. BENLEY NORONHA, GRACE ENCLAVE, NEAR PETROL PUMP,
                CHITTOOR ROAD, VADUTHALA, ERNAKULAM - 682 023

                BY ADV. SRI.P.SHRIHARI

RESPONDENT/S:

      1         THE AUTHORISED OFFICER, SOUTH INDIAN BANK LTD.,
                REGIONAL OFFICE, SIB BUILDING, INFOPARK ROAD,
                RAJAGIRI VALLEY.P.O., KAKKANAD, ERNAKULAM - 682 039

      2         SOUTH INDIAN BANK LTD.,
                PALARIVATTOM BRANCH, DOOR NO.XXXV/980, JANATHA
                JUNCTION, ERNAKULAM - 682 025, REPRESENTED BY ITS
                BRANCH MANAGER

                R2   BY   ADV.   SRI.K.K.CHANDRAN PILLAI (SR.)
                R2   BY   ADV.   SMT.S.AMBILY
                R2   BY   ADV.   SMT.NAMITHA NAMBIAR
                R2   BY   ADV.   SRI.SAJI THOMAS
                R2   BY   ADV.   SHRI.MICKY THOMAS

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.27250 OF 2019
                                    -2-



                               JUDGMENT

Dated this the 23rd day of October 2019 Heard Adv.P.Shrihari, for petitioners and learned Senior Counsel Sri.K.K Chandran Pillai, for respondents.

2. Petitioners pray for the following reliefs:

"(i) Pass an order permitting the Petitioners to settle the debt, after taking consideration of the amounts realized by sale of three secured assets, which is more than Rs.6 crores and the subsequent payment of Rs.16 lakhs as evidenced by Exhibit-P11 and Exhibit-P13, amicably as per Exhibit-P10;

(ii) Issue such other Order or Direction as this Hon'ble Court may deem fit to grant under the facts and circumstances of the case."

3. The matter underwent adjournments on 14.10.2019, 15.10.2019 and 17.10.2019. The learned Senior Counsel, Sri.K.K Chandran Pillai, on instructions from respondents, states that the proposals for mutually agreeable WP(C) No.27250 OF 2019 -3- settlement of loan accounts so far made are not encouraging or enthusiastic. The petitioners, if within two weeks from today can give a concrete proposal keeping in view the outstanding liability as on date, which is very substantial; with a view to enable petitioners to utilize the position of bank, it is stated that the bank will not take coercive steps for two weeks. He makes the position of respondent-bank clear that, the bank since intends to give last opportunity to petitioners, the concession now placed on record is extended to petitioners.

Statement of respondent-bank is accepted. Writ petition is disposed of by this judgment.

a) Petitioners are given liberty to represent to respondent-bank with a proposal, definitely different from what is already given, within one week from today.

b) The respondent-bank considers and decides the WP(C) No.27250 OF 2019 -4- said representation within one week thereafter.

c) The statement not to take coercive steps to realise the amount for two weeks from today is placed on record and accepted.

Sd/-

S.V.BHATTI JUDGE JS WP(C) No.27250 OF 2019 -5- APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF SANCTION LETTER DATED 31/12/2016 ISSUED BY THE RESPONDENT BANK EXHIBIT P2 TRUE COPY OF OBJECTION/OTS PROPOSAL DATED 23/07/2018 EXHIBIT P3 TRUE COPY OF REPLY LETTER DATED 30/07/2018 RECEIVED FROM THE RESPONDENT BANK EXHIBIT P4 TRUE COPY OF OTS PROPOSAL DATED 03/10/2018 EXHIBIT P5 TRUE COPY OF PRINT OUT FROM ECOURT SERVICE PERTAINING TO M.C.NO.116/2018 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 27/03/2019 PASSED BY THIS HON'BLE COURT IN WP(C).NO.9122/2019 EXHIBIT P7 TRUE COPY OF OTS PROPOSAL DATED THE 01/04/2019 EXHIBIT P8 TRUE COPY OF OTS PROPOSAL DATED THE 20/05/2019 EXHIBIT P9 TRUE COPY OF REPLY LETTER DATED 01/08/2019 RECEIVED FROM THE RESPONDENT BANK WP(C) No.27250 OF 2019 -6- EXHIBIT P10 TRUE COPY OF REVISED TO OTS PROPOSAL DATED 26/09/2019 EXHIBIT P11 TRUE COPY OF PAY-IN-SLIPS DATED 30/09/2019 WITH RESPECT TO THE PAYMENT OF RS.15 LAKHS EXHIBIT P12 TRUE COPY OF SCREEN PRINTOUT OF THE SMS SENT ON 05/10/2019 EXHIBIT P13 TRUE COPY OF PAY-IN-SLIP DATED 11/10/2019 FOR RS. 1 LAKH EXHIBIT P14 TRUE COPY OF SCREEN PRINTOUT OF THE SMS SENT ON 11/10/2019 EXHIBIT P15 TRUE COPY OF SCREEN PRINTOUT OF THE SMS DATED 11/10/2019 RECEIVED FROM THE OFFICER OF THE BANK

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Kerala High Court