P A Jihas vs The State Bank Of India on 8 September, 2023

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Kerala High Court

P A Jihas vs The State Bank Of India on 8 September, 2023

Bench: Dinesh Kumar Singh

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
    THURSDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                       WP(C) NO. 25027 OF 2023
PETITIONER:

          P A JIHAS,
          AGED 54 YEARS, S/O P K ABDUL RAHMAN, MANAGING DIRECTOR,
          JEWEL HOMES PRIVATE LIMITED, DESHABHIMANI, KALOOR,
          KOCHI, ERNAKULAM., PIN - 682095

          BY ADVS.
          V.PREMCHAND
          HALIYA T.P.
          MAHADEV M.J.


RESPONDENTS:

    1     THE STATE BANK OF INDIA,
          RACPC FIRST FLOOR, VANKARATH TOWER, PALARIVATTOM,
          BYE PASS JUNCTION, ERNAKULAM, REPRESENTED BY GENERAL
          MANAGER., PIN - 682304

    2     THE GENERAL MANAGER,
          THE STATE BANK OF INDIA, RACPC FIRST FLOOR, VANKARATH
          TOWER, PALARIVATTOM, BYE PASS JUNCTION, ERNAKULAM.,
          PIN - 682034

    3     THE ASSISTANT GENERAL MANAGER,
          THE STATE BANK OF INDIA, RACPC FIRST FLOOR, VANKARATH
          TOWER, PALARIVATTOM, BYE PASS JUNCTION, ERNAKULAM,
          PIN - 682304

    4     MANOJ UTHAMAN,
          SEENA VIHAR, HOUSE NO.155, V-2, PARIYARAM P.O,
          PATHANAMTHITTA., PIN - 689643

          BY ADVS.
          AMBILY S
          K.K.CHANDRAN PILLAI (SR.)(C-41)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.25027 of 2023

                                     ..2..




                     DINESH KUMAR SINGH, J.
                  --------------------------
                      W.P.(C) No.25027 of 2023
                 ===========================
               Dated this the 8th day of September, 2023

                               JUDGMENT

1. The present Writ Petition (Civil) under Article 226 of the Constitution of India is filed seeking the following reliefs;

(i) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents to allow the request of the petitioner to clear off the loan arrears in respect of the housing loan availed by the 4th respondent under the One Time Settlement Scheme as sought for in Ext.P2.

(ii) Issue a writ of mandamus or any other appropriate writ or order directing the 3rd respondent to consider the request in Ext.P2 forthwith, allow the same and to keep all further proceedings pursuant to Ext.P3 in abeyance.

(iii) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents to allow the petitioner to pay the loan arrears in equal monthly installments by allowing One Time Settlement benefit scheme to the petitioner as sought for in Ext.P2.

(iv) The petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.

(v) Any other reliefs this Hon'ble Court deems fit.

W.P(C) No.25027 of 2023

..3..

2. Writ of mandamus among the respondent-bank to consider the One Time Settlement request of the petitioner in respect of the outstanding loan amount of Rs.20,30,159/-, in respect of the Apartment No.D5 on the 5 th floor of the Jewel River Woods Apartment built by the petitioner. It appears that the 4th respondent rented the said flat in favour of the petitioner, who has disposed of the said apartment in favour of the third party. The petitioner, the Bank and the 4 th respondent had entered into a loan agreement and the Bank had advanced Rs.30 lakhs loan in respect of the said loan agreement on 26.03.2008. After the said flat was rented by the 4 th respondent in favour of the petitioner, it is the responsibility of the petitioner to payoff the remaining loan amount.

3. The learned Counsel for the petitioner submitted that the petitioner is ready and willing to enter into One Time Settlement with the Bank for which, he has already forwarded.

4. The learned Counsel for the 1st respondent-Bank, upon instructions, submitted that the petitioner's proposal for One W.P(C) No.25027 of 2023 ..4..

Time Settlement would be considered within a period of two weeks and will be communicated the same to the petitioner. If the petitioner agrees to make payment as per the One Time Settlement, the further proceedings under the SARFAESI Act shall not be undertaken.

5. Considering the aforesaid submission, the present writ petition is disposed of with direction to the 1st respondent-Bank to consider Ext.P2 One Time Settlement proposal of the petitioner within a period of two weeks and communicate the decision on the said proposal. If the petitioner agrees to pay the amount in One Time Settlement to the Bank, no further proceedings shall be initiated against the petitioner.

With the aforesaid direction, the writ petition is disposed of.

Sd/-

DINESH KUMAR SINGH JUDGE ded W.P(C) No.25027 of 2023 ..5..

APPENDIX OF WP(C) 25027/2023 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE STATEMENT OF ACCOUNTS DATED 22.05.2023 ISSUED BY THE STATE BANK OF INDIA DATED 22-5-2023 EXHIBIT P2 A TRUE COPY OF THE PETITION DATED 01.07.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P3 A TRUE COPY OF THE LAWYER NOTICE DATE 13.07.2023 ISSUED ON BEHALF OF THE 2ND RESPONDENT

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